Determination of aggregate sentence for the importation of hashis into Norway and Sweden
Supreme Court judgment of 2 March 2026, HR-2026-504-A, (case no. 25-123422STR-HRET), criminal case, appeal against Eidsivating Court of Appeal's judgment 27 June 2025.
A (Counsel Marius Oscar Dietrichson) v. The Public Prosecution Authority (Counsel Jens Halvard Bachke)
The driver of a tractor unit was convicted of transporting 709 kg of cannabis from Germany to Sweden and 290 kg from Sweden to Norway.
At the request of the Swedish Prosecution Authority, the Norwegian Prosecution Authority took over the prosecution of the Swedish importation. Both offences were therefore adjudicated by the Norwegian courts.
The Court of Appeal based its assessment on the Norwegian sentencing level for importing 290 kg of cannabis, which is approximately eight years’ imprisonment. In Sweden, the corresponding sentencing level for importing 419 kg of cannabis is six years and three months. The Swedish offence was thus subject to a lower sentencing level than the larger quantity imported into Norway.
When determining an aggregate sentence for several offences, Norwegian law applies the principle of sentence aggravation (straffskjerpelsesprinsippet). Under this principle, the most serious offence forms the starting point, and the sentence is then increased to reflect the additional offences. The central issue before the Supreme Court was which of the two offences had to be regarded as the most serious.
The Supreme Court held that the most serious offence is the one which, according to statutory provisions and case law, carries the highest sentence. It therefore took as its starting point the sentencing level for the Norwegian importation, namely around eight years’ imprisonment. An increment was then added for the Swedish importation. The aggregate sentence, before deductions for the confession and harsh detention conditions, was set at nine years and four months’ imprisonment.
The judgment provides guidance on the application of the principle of sentence aggravation in cases involving multiple offences with differing sentencing frameworks.
Read the judgment from the Supreme Court (in Norwegian only) (PDF)
Areas of law: Criminal law and criminal procedure
Key paragraphs: 15–20
Justices: Falkanger, Falch, Thyness, Siversen, Steen