Penalty level for reckless driving causing serious personal injury

The penalty for violation of section 280 of the Penal Code and section 31, see sections 3 and 5 of the Road Traffic Act, were set at one year and eight months of imprisonment. On a Saturday afternoon with heavy traffic, the convicted person had driven at a speed of around 200 km/h through a tunnel in a 90 zone on the E6 south of Oslo. After making several overtakings in the right lane, he drove into a car in front of him that was changing from the middle to the right lane. The collision was violent. The driver of the other car suffered major injuries and was paralysed for life. The Supreme Court showed that there were several aspects of the driving that made it particularly dangerous, including the high speed over a long stretch, the fact that there was heavy traffic, the overtaking in the right lane and the fact that he filmed his own speedometer while driving. He was aware that his driving entailed a risk of serious injury, while his only motive was to satisfy his own need for speed and excitement. The Supreme Court agreed with the Court of Appeal's characterisation of the driving as "savage driving". The offence was committed in a particularly reckless manner, see section 77 (d) of the Penal Code, and the serious consequences for the aggravated party had to be given much weight. Much weight was also given to considerations of general deterrence. However, there was no basis for raising the penalty level from what was laid down in Rt-2009-1048. A majority of four justices set the aggravated damages at NOK 450,000. One justice dissented, finding that the aggravated damages should amount to NOK 250,000. Partial dissent 4-1.

Read the whole judgment (Norwegian only) (PDF)

Areas of law: Criminal law. Section 280 of the Penal Code. Tort law. Section 3 5 of the Compensatory Damages Act. 

Key paragraphs: 26, 30 og 42

Justices: Matheson, Noer, Bergsjø, Sæther og Stenvik