Suspended imprisonment for threats against inspector

The case concerned sentencing for a threat made against an employee of the Norwegian Nature Inspectorate. A reindeer herder encountered the inspector in an area near Femunden where the reindeer herd had its winter grazing grounds. The herder stated that the warden would not “come back down again” if he entered the grazing area. The statement was considered a threat to kill him.

The Supreme Court held that, as a clear main rule, violence or threats directed at a public official must be punished with immediate imprisonment. However, the sentence may be suspended if special circumstances so indicate. In this case, the threat was made spontaneously, and the defendant immediately denied having threatened the inspector. The Court of Appeal had found that the threat was not seriously intended. The reindeer herder was also frustrated because he believed that the inspection had shortly beforehand frightened the herd during a vulnerable phase. In the light of these circumstances, the sentence was set at 18 days’ suspended imprisonment and a fine of NOK 10,000.

The judgment provides guidance on sentencing for violations of section 155 of the Penal Code concerning unlawful conduct against public officials.

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

Area of law: Criminal law

Key paragraphs: 22, 25–27, 32

Justices: Falkanger, Bergsjø, Arntzen, Sæther, Poulsen