Request for reduced sentence for possession of cocaine did not succeed

A man was sentenced by the Court of Appeal to 100 days of imprisonment for two instances of possessing a total of up to 40 grams of cocaine intended for resale.

The man appealed against the sentencing, arguing in particular that there was no analysis of the drug's potency, and that any doubt about the potency should benefit the defendant.

The Supreme Court stated that the general principle in criminal law that the prosecution authority must prove the defendant's guilt beyond a reasonable doubt also generally applies to circumstances related to the criminal act that only affect sentencing.

As a starting point, a drug conviction should be based on the proven quantity of drug the defendant possessed. This applies regardless of whether the drug is mixed stronger or weaker than usual. Exceptions only apply if the potency is significantly below the normal range. Based on this, the Supreme Court held that evidence that the potency is not significantly below the normal range is only required if there are concrete indications that this might be the case.

No such indications were present in this case, and the Supreme Court didmissed the appeal.

The case provides guidance on the standard of proof in criminal cases.

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

Areas of law: Strafferett. Straffutmåling

Key paragraphs: 15-20

Justices: Webster, Ringnes, Bergh, Thyness, Sivertsen