Elisabeth Karete Bjørkavåg Ravnå (45) was found murdered in the defendant’s home in April last year. According to the indictment, the defendant hit the woman four times in the head with a sword so that she died. The defendant in his 20s pleaded guilty to the murder. The two lived in the same block on Byåsen in Trondheim. Accountable or not? The district court believed the defendant was aware that he killed the woman, something that also came out in his statement in the district court. The question was whether he was sane and had the ability to pay. The defendant has an IQ of around 65, research shows. The district court held that the defendant did not function well enough and that he met the conditions for severe mental retardation. Therefore, he was sentenced to compulsory care instead of fixed-term detention, which the prosecution wanted. Defender Jasmin Gheshlalhi believes that IQ limits for developmental disabilities and culpability are only guidelines. Photo: Kari Sørbø / news The defense counsel thus convinced the district court that the defendant is functioning too poorly to be in prison. The defendant lived in a municipal flat, but received little follow-up from the municipality, it emerged during the case in the district court. Five years before the murder, the young man was listed in a project at the police which includes persons who have a particularly high risk of committing violence. A couple of years later, the conclusion was that the man could kill. Dissent in the Court of Appeal The judgment was appealed by the prosecuting authority to the Court of Appeal, which is in disagreement with the district court: The defendant does not meet the basic condition in the criminal law on developmental disabilities. The majority, minus one co-judge, therefore believes that the defendant was liable. The alternative to detention is the usual prison sentence. The behavior and abilities of the defendant mean that the Court of Appeal believes he must be sentenced to custody in order to prevent new serious offences. The defendant stabbed the woman four times in the head with the sword. Above the sword is the scabbard that belongs to the sword. Photo: Police Detention has a time frame of seven years, and a minimum time of four years and six months. He must also pay restitution compensation of just over NOK 1.1 million to the parents and son of the deceased. Unclear law and interpretation Section 20 of the Criminal Code deals with when a person can be considered to be responsible. Before the change in the law in 2020, the limit was an IQ of 55 to be judged as unaccountable. State attorney Per Morten Schjetne was granted custody by the Court of Appeal. Photo: Kari Sørbø / news In the new law, the ministry raised the limit to 60 for such a developmental disability. The Frostating Court of Appeal believes that it is unclear how this should be interpreted when the judiciary has to judge. There have been several judgments with different opinions about how one should understand the limit for severe developmental disability and accountability. None of the judges have appealed to the Supreme Court to get their view on the legal interpretation of IQ limits in criminal law. Published 22.11.2024, at 13.27
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Sentenced to custody after the murder of Elisabeth Karete Bjørkavåg Ravnå in Trondheim – news Trøndelag – Local news, TV and radio
