Prison sentence for vandalism of the facade of the Ministry of Climate and Environment

In two judgments, the Supreme Court considered whether vandalism of property committed in connection with demonstrations against the Government’s oil policy may lead to exemption from criminal liability. In both cases, the Supreme Court held that a prison sentence had to be imposed. 

The issues raised were whether the acts constituted aggravated vandalism, whether they were protected under the Constitution or international conventions and whether imprisonment would be the appropriate penalty. One of the cases also concerned liability for compensation.

In one case, two climate activists affiliated with Stopp Oljeletinga had smeared the Monolith and six other statues in the Vigeland Sculpture Park with orange paint. The Supreme Court found that the vandalism was aggravated within the meaning of section 352 of the Penal Code. Neither the Constitution, the ECHR nor the Aarhus Convention could lead to exemption from criminal liability or preclude a prison sentence. The prison sentences were set at 50 and 45 days respectively.

The other case involved two activists affiliated with Stopp Oljeletinga who had sprayed paint on the façade of the Ministry of Climate and Environment. Here too, the Supreme Court found that this constituted aggravated vandalism, as the acts caused substantial harm. The prison sentences were set at 33 and 30 days respectively.

In both cases, the Supreme Court dismissed the appeals against the application of law under the question of guilt. Considerations of general deterrence indicated that, in cases of this kind, there was no basis for imposing community service. In the case involving the façade of the Ministry of Climate and Environment, the amount of compensation determined by the Court of Appeal was not altered.

Both judgments provide guidance on the boundary between vandalism and aggravated vandalism, and on the scope of protection under Articles 100 and 101 of the Constitution, Articles 10 and 11 of the ECHR, and the Aarhus Convention, in demonstrations where participants intentionally cause damage to create attention for their views.

Read the whole judgment: Punishment for aggravated vandalism for having sprayed paint on the facade of the Ministry of Climate and Environment (Norwegian only) (PDF)

Areas of law: Criminal law, vandalism, human rights, freedom of expression, freedom of assembly, Article 100 of the Constitution, the Aarhus Convention. 

Key paragraphs: 48, 51-52, 57, 63, 79, 91-93, 98-99, 101

Justices: Falkanger, Bergh, Østensen Berglund, Høgetveit Berg, Sæther 

Read also: Punishment for aggravated vandalism for having smeared paint on the Monolith in the Vigeland Sculpture Park (Norwegian only) (PDF)

Both judgments will be translated into English.