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The maximum penalty for homicides

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Asks for the maximum penalty for homicides in Kristiansand

The prosecutor claims 21 years detention for the 43-years-old woman in Kristiansand, who is charged with two premeditated homicides and poisoning of a third person.

 

“In our opinion, detention is the correct reaction. There is a separate provision in the Penal Code. There are criteria for there to be a real danger of additional criminal acts, a hazard assessment. Based on this assessment, it is our opinion that detention is to be applied here, the prosecutor,” Leif Aleksandersen tells NTB.

The prosecution authority thinks the minimum should be 10 years in the case. A likely appeal is already pre-planned for March 19th in Agder Court of Appeal in Kristiansand.

According to current legislation, which came into force on October 1st, 2015, the minimum stretch is 15 years. We cannot apply that to an act committed in 2002. In that case, it would have had a retroactive effect, the State Attorney explains.

17 years ago, the woman’s father was found dead in a bathtub in his home in Kristiansand. Twelve years later, her former cohabitant was found dead in a hotel room in the city.

In addition, the prosecuting authority has charged her with poisoning a third person several times and to have wrongfully charging NOK 150,000 to one of his credit cards.

Renewed assessment

The trial against the woman has been ongoing in Kristiansand District Court since November 12th.

“Now we start up again in Agder Court of Appeal. Neither party has appealed yet, but we take into account that it may happen,” Aleksandersen relates to NTB.

His counterpart, lawyer Olav Sylte, says it is stated by the prosecution that they will appeal if the defendant is acquitted.

“I have also understood that it is pre-approved by the Public Prosecutions Office. There will thus be a renewed treatment by the Court of Appeal, regardless,” he asserts to NTB.

Since the case has already been thoroughly dealt with in the District Court, Sylte expects a simpler review by the Court of Appeal:

“It will be both a faster and better review. We have been made aware of a number of conditions that may have appeared different than what one thought after reading papers only.”

“It is near in time, so you will not forget what has been done here when it will come up before the Court of Appeal,” the defence lawyer elaborates.

Seems unaffected

The 43-years-old mother of seven was very attentive when the prosecutor made his claim but seemed unaffected when he had delivered his closing statement. She smiled and seemed almost relieved when the prosecution rounded off after spending many weeks in the courtroom.

Sylte states that his client was prepared for a claim of custody.

“It is maintained that she is guilty. The indictment was changed to premeditated murder a little while ago. That implies that when there is two premeditated murders, you will not be surprised that the prosecution asks for detention, nor for the number of years,” the lawyer lectures.

The Support Lawyers will make claims for compensation and Sylte will hold the final statement for the defence on Thursday.

I would probably state the opposite of the prosecutor. I will partly use the same rationale that the prosecutor uses for detention, namely that the defendant has the ability to make up things that have no root in reality, he informs.

The defender uses the psychiatric concept «projection».

“I then refer to that the defendant has said, both to the police agent and others, things which probably aren’t true,” Olav Sylte concludes.

 


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