Sentence for attempted homicide with a gun near Stovner shopping mall in Oslo
Supreme Court judgment 11 September 2024, HR-2024-1629-A, (case no. 24-043917STR-HRET), criminal case, appeal against Borgarting Court of Appeal's judgment.
The Public Prosecution Authority (Counsel Geir Evanger) v. A (Counsel Nils Christian Nordhus)
The case concerns sentencing for attempted homicide with a firearm in a public place and for aggravated unlawful carrying of a firearm in a public place.
In 2021, the convicted person had tried to kill another man by firing a shot with a pistol at close range. The shot did not lead to permanent physical injuries. The incident took place close to Stovner shopping centre in Oslo.
The Supreme Court set the penalty for the attempted homicide at six years and six months of imprisonment, emphasising that it took place in a public place and in an area many people frequent. The starting point for penalty for aggravated unlawful carrying of a firearm in a public place is six months of imprisonment.
The Supreme Court set the aggregate sentence in this case at six years and eight months of imprisonment.
The prosecuting authority had prepared figures on the development of crime to show that there is a need to increase the penalty level for such acts. The Supreme Court noted that there is no general penalty level for attempted homicide, and that the figures presented did not provide a justifiable basis for increasing the penalty level for aggravated unlawful carrying of a firearm in a public place.
The judgment provides guidance for sentencing for attempted homicide with a firearm in the public space and for aggravated illegal carrying of a firearm in a public place. It also provides guidance on the significance of crime statistics in the assessment of whether a penalty level should be increased.
Read the judgment from the Supreme Court (Norwegian only) (PDF)
Area of law: Strafferett
Key paragraphs: 28, 29, 35, 49, 52, 53
Justices: Matheson, Ringnes, Høgetveit Berg, Thyness, Sivertsen