No drug-treatment program under court control after aggravated, organised crime

The Court of Appeal had set the penalty for violation of section 232 subsection 2, see section 231 subsection 1, see section 79 (c), of the Penal Code to five years and two months of imprisonment, conditional on the completion of a drug-treatment programme under court control (an ND sentence), see section 38. The convicted person had played a central and superior role in an organised criminal group that had distributed and traded a very significant amount of drugs. The Supreme Court stated that nothing in either law or regulation precludes the use of ND sentences in cases involving serious, organised drug crime. However, since the convicted person was already serving another sentence, a partially suspended ND sentence was not applicable, and the threshold for a fully suspended ND sentence in a case like the present is very high. The convicted person was not considered to be in the core of the target group for a ND sentence. He met the basic condition for drug addiction, but there was no clear connection between the abuse and the extensive drug crime, which was also clearly motivated by profit. He had shown a very positive development during his sentence, but there was still insufficient evidence to establish that an ND sentence would best serve the purpose of the scheme. This and the seriousness of the case made it necessary to execute the prison sentence, which was set at five years and two months.

Read the whole judgment (Norwegian only) (PDF)

Justices: Indreberg, Bull, Falch, Steinsvik, Hellerslia

Area of law: Criminal law. Drug-treatment program with court control. 

Key paragraphs: 17, 24, 27–29