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Supreme Court of Denmark

Sentencing and expulsion in case concerning aggravated violence 

Case no. 220/2018

Judgment delivered on 22 May 2019

The Prosecution Service

Two British nationals not expelled in case of aggravated violence. Both sentenced to imprisonment for three months.

The High Court had found British nationals T1 and T2 guilty of aggravated violence committed in a 7-Eleven store where they had punched the victim not less than 10 times in the face and hit him over the head with a glass bottle, shattering the bottle. The issues before the Supreme Court concerned the sentence and whether they should be expelled.

Referring to the severity and nature of the offence, the Supreme Court upheld the sentence of imprisonment for three months. Based on an overall assessment, the Supreme Court further found that there was no basis for an exceptional full or partial suspension of the sentence on the condition of community service.

Under the Danish Aliens Act, EU citizens may only be expelled if this is in accordance with the principles applicable under the EU rules on restrictions of the right to free movement. According to the EU Residence Directive, expulsion must be in compliance with the principle of proportionality and be based exclusively on the personal conduct of the individual concerned.

T1 and T2 had no prior criminal record, they had jobs in Denmark, permanent residences and good personal relationships. On those grounds and considering the circumstances surrounding the assault, the Supreme Court held that the conditions for expulsion were not met.

The High Court had reached a different conclusion with regard to the issue of expulsion

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