The prohibition on knives in public places also applies in cases of gross negligence

During a weapons operation at Tøyen metro station in 2024, a man was stopped carrying a folding knife in his jacket pocket. The Court of Appeal found it proven that he had acted with gross negligence by going out carrying the knife. The question before the Supreme Court was whether the prohibition in section 189 subsection 2 of the Penal Code – which concerns carrying a knife in a public place without a legitimate purpose – covers only intentional violations, or whether gross negligence is also encompassed.

The Supreme Court proceeded on the basis that the requirement of legality in Article 96 of the Constitution and Article 7 of the European Convention on Human Rights (ECHR) also extends to the requirement of culpability, but that this requirement is not necessarily as strict as for the description of the act itself. Following an interpretation of the provision, the Supreme Court considered it beyond doubt that grossly negligent violations are also covered.

The penalty for violating the knife prohibition is normally a fine, but in more serious cases and in cases of repeat offending, a custodial sentence may be imposed. The defendant had previously been convicted of four similar offences. Although gross negligence warrants a somewhat lower sentencing level than intent, the Supreme Court considered that the appropriate starting point in this case was an unconditional custodial sentence of 45 days. The Court of Appeal had fixed the sentence at 30 days’ imprisonment. The Supreme Court did not consider that sentence to be too severe.

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

Area of law: Criminal law. Section 189 subsection 2 of the Penal Code. 

Key paragraphs: 16, 17, 28, 32 

Justices: Øie, Østensen Berglund, Høgetveit Berg, Hellerslia, Lund