Over the course of four months, the defendant organized the transport and sale of 102 kilograms of hashish from Austlandet to, among other places, Trøndelag. His dividend was NOK 6 million. Trøndelag District Court sentenced him to five years in prison last winter. Four co-defendants received significantly lower sentences because they accepted messages and instructions from the main defendant. He thought the sentence and confiscation of NOK 6 million was too severe and appealed to the Court of Appeal. Picture of stacks of banknotes found on the mobile phone of one of the defendants. Photo: The police Image of piles of banknotes found on the mobile phone of one of the defendants. Photo: The police serving a previous drug conviction It is the second time the man has been convicted of a drug offence. The first case involved the sale of 60 kilos of hashish, in addition to aggravated assault. The sentence was five years in prison. While he was waiting for the Court of Appeal to hear the case, he started the new hashish trade in Trøndelag in the autumn of 2020. For the past two and a half years, he has been in prison for the first sentence. The defendant has told about growing up where he used cannabis from the age of 13. The situation at home meant that he early started stealing food for himself and his family. In prison, the defendant has received hospital treatment for drug problems for over a year. He has changed his view of what he has been doing, according to his testimony in court. One of the defendants had this picture on his mobile phone which the police investigated. Photo: Police Kriminalomsorga change opinion An alternative to prison for drug addicts can be a sentence for treatment through the Narcotics Program with Court Control (ND) It is the Kriminalomsorga that gives advice to the court based on, among other things, personal examinations. In this case, the Correctional Service has changed its mind three times in three years as to the extent to which the defendant is suitable for ND or not. In August this year, the Norwegian Prison and Probation Service concluded that the defendant was not possessed after all. They pointed out that he had now been sentenced for 102 kilograms of hashish, almost double the amount from the first conviction. Considering appealing to the Supreme Court In the recent judgment, the Court of Appeal thoroughly discusses whether the defendant fulfills the requirements for ND. A unanimous Frostating Court of Appeal believes that it does the defendant. The court believes that the defendant can start treatment when he has finished serving the first sentence in some time. The man avoided serving the sentence of five years in prison if he undergoes the drug program. – My client is of course satisfied, says Øyvind Bratlien, who defends the accused. Defense attorney Øyvind Bratlien Photo: Law firm Bratlien Bratlien believes that the arrangement with the drug program should be extended to also apply in more serious cases if the convicted person wants. – The main goal of punishment is to get a different life situation, says Bratlien. The prosecutor, State Attorney Kaia Strandjord, is surprised by the verdict from the Court of Appeal. She wanted the sentence to be increased to six years in prison. – Here we are talking about organized and significant crime, says Strandjord to news. She is therefore considering appealing the verdict to the Supreme Court.
ttn-69