Defendant, an 18-year-old man, was convicted of rape and sentenced to one year in prison. The question for the Supreme Court was whether the jail sentence was too long, given the defendant’s age. The Supreme Court noted that that the punishment for rape of the “normal degree” (Sw. normalgraden) is between two and four years’ imprisonment. Normally, courts reduce jail sentences by fifty percent when the defendant is 18 years old. However, for long jail sentences, the courts have discretion to further reduce the punishment. The court also recognized that punishments other than jail sentences also may be considered. Given the crime, the court determined that community service was inappropriate, but reduced the defendant’s sentence to probation and three months’ imprisonment. Though rape is a serious offense, the Supreme Court adhered to the principle that imprisoning young individuals should be avoided, to the extent possible.
NJA 2015 s. 1024