No preventive detention after the NAV homicide in Bergen

The Court of Appeal had set the penalty for homicide and attempted homicide to preventive detention with a time frame of 21 years. The defendant had brutally attacked two NAV employees with a knife. One of them, who suffered 47 stab wounds, died from her injuries. The Supreme Court's majority of three justices set the penalty at 21 years of imprisonment, as the basic condition of protection of society in section 40 subsection 1 of the Penal Code was not considered met. The Court referred to the high threshold for using preventive detention in connection with long alternative prison sentences, to the uncertainties of the assessment 18–19 years in the future, and to the fact that the additional aspects that in previous cases have justified preventive detention up to the maximum time frame, were not present. The Supreme Court unanimously found that the standard aggravated damages under section 3-5 of the Compensatory Damages Act for survivors of intentional homicide should be raised from 2.5 G to 3 G, rounded to NOK 350,000. A surcharge of NOK 75,000 was also given for particularly aggravating circumstances, which gave a total of NOK 425,000. The aggravated damages to the victim of the attempted homicide were set at NOK 375,000. Dissent 3-2 in the sentencing issue.

Read the whole judgment (Norwegian only) (PDF)

Areas of law: Criminal law and tort law. Section 40 of the Penal Code, section 3-5 of the Compensatory Damages Act. 

Key paragraphs: 23, 30, 44, 46-48, 52, 60-61, 81

Justices: Falkanger, Bergsjø, Bergh, Hellerslia, Stenvik