Strict penalty for aggravated bodily harm when the violence has had serious consequences

A man was sentenced in the Court of Appeal to two years and two months of imprisonment for aggravated bodily harm. In Bogstadveien in Oslo, he had knocked down a person with a punch to the head. The blow resulted in a skull fracture, brain hemorrhage and permanently reduced memory. It was a case of nightlife violence committed in an intoxicated state.

The man believed that the penalty was too strict and appealed to the Supreme Court.

The Supreme Court pointed out that the penalty for a single punch to the head causing bodily harm is often five to six months of imprisonment. However, in sentencing, significant weight must be given to the consequences of the violence, even if these consequences were not inflicted intentionally. This case involved aggravated bodily harm where the violence had had significant consequences, as the intellectual functioning level was permanently impaired. The Supreme Court's basis was therefore two years and six months of imprisonment. The individual penalty was set at two years because the victim had acted provocatively.

The judgment provides guidance on the key factors in sentencing for aggravated bodily harm, particularly the weight to be given to the severity of the violence and the consequences.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Key paragraphs: 18, 24–27, 35

Area of law: Criminal law. Sentencing.

Justices: Webster, Ringnes, Thyness, Sæther, Sivertsen