Increased penalty for child abuse

A woman had subjected har partner's daughter to head trauma. The child, who was two years old, sustained very serious head injuries, including a 13-centimeter fracture at the back of the head and brain hemorrhages. Only chance prevented permanent damage.  

The woman was first sentenced by the District Court to one year and three months of imprisonment for aggravated abuse in close relationships under section 283 of the Penal Code. The Court of appeal increased the sentence to one year and six months of imprisonment. At the time, a four-month reduction had been granted due to lengthy proceedings. The prosecution considered the sentence too lenient and appealed to the Supreme Court. 

The Supreme Court increased the sentence to two years and two months of imprisonment, after granting a four-month reduction for the lengthy proceedings. It was emphasised that the violent act targeted a small child who was under the defendant’s care and completely defenceless. The act had a very high potential for harm and could easily have led to death or permanent brain damage. The Supreme Court noted that violence in close relationships is to be punished more severely than comparable acts of violence.

The ruling provides guidance for sentencing in cases of violence in close relationships where the victim is a small child.

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

Key paragraphs: 26–27, 

Justices: Noer, Arntzen, Hellerslia, Sivertsen, Lund