Youth sentence combined with prison sentence

The case concerned sentencing following conviction for, among other offences, attempted homicide and aggravated bodily harm committed by a boy aged 15 and a half. The central issue was how an unconditional prison sentence might be combined with a youth sentence.

The purpose of a youth sentence is to facilitate the most appropriate response and to reduce the number of children serving sentences in prison. The threshold for sentencing children to prison is high, but this may be combined with a youth sentence where this is particularly necessary. Imprisonment should be used as sparingly as possible, even in cases involving the most serious offences.

The Supreme Court held that the specific combination of prison and youth sentence must be determined based on what is, overall, most suitable for rehabilitating the offender. A key consideration in determining the prison term is to reduce the risk of reoffending and to ensure that the youth sentence can be successfully implemented. Sentencing must primarily be based on individual circumstances, taking into account both individual deterrence and the needs of the convicted person. However, considerations of public protection and general deterrence will also carry weight depending on the seriousness of the case.

In the individual sentencing process, the Supreme Court concluded that a prison sentence of 1 year and 9 months should be followed by a youth sentence with a duration of 2 years.

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

Areas of law: Sections 3, 29, 33, 52a and 52b of the Penal Code, Article 104 of the Constitution. 

Justices: Noer, Falch, Høgetveit Berg, Sæther, Lund