Community sentence for aggravated misappropriation

Over an extended period, a nurse misappropriated drug patches intended for pain relief for nursing home patients and used them to satisfy her own addiction. The addiction had developed after she was prescribed strong pain medication during a hospital stay, combined with postnatal depression and other serious psychological burdens. Except in two cases, the misappropriation did not affect the patients' pain management.

Due to the serious breach of trust, the Supreme Court held that the offence constituted aggravated misappropriation, although the value of the drug patches was limited. Particular weight was attached to the two instances where the patients did not receive the prescribed pain relief. 

The Supreme Court proceeded on the basis that aggravated embezzlement normally warrants an immediate sentence of imprisonment. Nevertheless, the majority concluded, with considerable doubt, that the case represensted "special circumstances" justifying the imposition of a community sentence.

One justice believed that an immediate prison sentence would be appropriate. 

The judgment is significant with respect to the imposition of a community sentence for aggravated misappropriation. It also provides guidance on the question of whether misappropriation is aggravated where the value of the misappropriated property is limited, but the breach of trust is central.

Areas of law: Criminal law. Sentencing. Community sentence. Section 325 of the Penal Code. Section 67, see section 4, of the Health Personnel Act. 

Key paragraphs: 28, 34, 38, 39.

Justices: Falkanger, Bull, Østensen Berglund, Stenvik, Horn