The man was acquitted in Tønsberg District Court of negligent homicide, but convicted of negligence. The police believed that the 58-year-old should be sentenced to prison for 75 days, and that he lose his driving license for four years. The prosecution appealed the sentence. Now the Agder Court of Appeal has come to a different result than the district court. Avoids paying restitution The 58-year-old is now sentenced to serve a prison sentence of 50 days, but does not have to pay restitution to the woman’s family. There is still no basis for saying that the negligence is gross, and the accused must be acquitted of the bereaved’s claim for restitution, the judgment states. Jon Anders Hasle is the man’s defender. He says that the client is disappointed by the verdict. – He thinks the whole case is difficult, both what he has caused and the fact that he was sentenced for it in general, because we don’t think that is right. However, Hasle believes that the decision that the man should not pay reparation compensation to the woman’s family is correct. – In that case, you must be grossly negligent. The court believes that he has not been, and we completely agree with that. But we believe that it has not been negligent at all, and that is where we are disappointed with the position of the court. Assessing whether they should appeal The man’s defense attorney says that they will now spend time assessing whether it is appropriate to appeal the verdict. – It’s something he has to think about too, if he wants to carry that load on. I will go through the judgment thoroughly and to what extent there are grounds for an appeal, says Hasle. Believes it is the right verdict – The family does not want to comment on the case, but they consider this to be a right verdict, says counsel for the next of kin, Christofer Arnø. Police attorney Marianne Foyn Ranheimsæter tells news that she agrees with the Court of Appeal’s application of the law, even though the prison sentence was ten days shorter than what she requested. After reading the verdict, she agrees with the Court of Appeal’s assessments, but it is up to the state attorney to decide whether the verdict should be accepted or appealed. Death from the injuries The accident occurred at a pedestrian crossing in Valløveien at Tolvsrød in Tønsberg on 22 January 2021. The 18-year-old woman was hit by the car as she crossed the road in a pedestrian crossing. She died of her injuries the next day. A breathalyzer test and a blood test of the defendant showed that he was not under the influence. On the second and last day of the appeal case, the court was on a crime scene inspection at Valløveien in Tønsberg. The road was closed during the inspection. The picture was taken before it took place. Photo: Philip Hofgaard / news Vestfold district court held that the man cannot be blamed for not observing the woman from a distance when she walked towards the pedestrian crossing. The Court of Appeal did not agree with that. In the court’s opinion, it would have been possible for the accused to see the 18-year-old even before he reached the pedestrian crossing, the judgment says. Two days were set aside for the appeal in the Agder Court of Appeal in Tønsberg. There were several witnesses to the accident. Several of the witnesses have explained themselves again about what happened on the January evening in 2021.
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