Unaccountability due to intellectual disability

An intellectually disabled man had killed his neighbor with a sword. The question was whether he should be exempt from punishment because he was unaccountable due to "severe intellectual disability".

The District Court had concluded that the man was severely intellectually disabled and sentenced him to indefinite compulsory care. The majority in the Court of Appeal reached the opposite conclusion, finding the man accountable, and sentenced him to preventive detention. Its basis was an almost absolute threshold at an IQ of 60, implying that the perpetrator cannot be considered severely intellectually disabled when he has an IQ around 65.

The Supreme Court established that possible "severe intellectual disability" should be determined based on an overall assessment, considering not only IQ but also the perpetrator's cognitive, social and practical skills. An IQ of 60 is an indicative threshold and not absolute. A person with an IQ around 65 can be considered severely intellectually disabled if there are serious deficiencies in cognitive, social and practical abilities. It is not decisive whether the deficiencies are due to the factors that caused the intellectual disability or whether the deficiencies are wholly or partly related to autism.

The Court of Appeal's judgment was set aside due to incorrect interpretation of the law. The Court of Appeal was referred back to reassess whether the man is severely intellectually disabled, based on the guidelines from the Supreme Court. If the Court of Appeal concludes that this fundamental condition is met, it must also determine whether the man lacks culpability because the condition made him unaccountable at the time of the act.

The judgment clarifies what is required for "severe intellectual disability" that can lead to unaccountability.

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

Area of law: Section 20 subsection 2 (c) of the Penal Code

Key paragraphs: 45-46

Justices: Øie, Bull, Falch, Sæther, Stenvik