Sentencing and aggravated damages after sharing offensive images

Supreme Court judgment 3 June 2024, HR-2024-999-A, (case no. 24-190747STR-HRET), criminal case, appeal against Frostating Court of Appeal's judgment.

A (Counsel John Christian Elden) v. The Public Prosecution Authority (Counsel Magne Nyborg)
B, C, D, E, F, G, H, I, J, K, L, M, N (Counsel Kjell Inge Ambjørndalen)

The Court of Appeal had set the sentence for violations of sections 201, 204, and 267a, see section 267b of the Penal Code, at eight months of imprisonment. The basis for sentencing was the violations of section 267a, see section 267b. Through password leaks on the internet, the accused had logged into accounts belonging to various women and shared 32 sexualised images of 14 different women, including his former partner, with five people on Snapchat. Many of the women were easily recognisable, and most lived in the same small town. The Supreme Court considered immediate imprisonment of 60 to 90 days as a guideline for sharing of one or a few sexualised images. The scope in this case was significantly greater. Imprisonment just over eight months was deemed appropriate for the image sharing, which had to be considered severe. After a deduction for confession, the sentence was set at seven months of imprisonment. Aggravated damages were also awarded to 13 aggrieved women in a range between NOK 25,000 and NOK 45,000. The judgment provides guidance on sentencing and the determination of aggravated damages in cases involving sharing of offensive images.

Read the whole judgment (Norwegian only) (PDF)

Area of law: Criminal law. Sections 267 a and 267 b of the Penal Code.

Key paragraphs: 31−32

Justices: Indreberg, Falkanger, Bull, Bergh, Thyness