Unsuspended prison sentence for aiding an alien’s unlawful entry into Denmark

Case no. 178/2017
Judgment delivered on 04 October 2017

The Prosecution Service
vs.
T

T had been found guilty of aiding an alien – whom he did not know – by helping him gain unlawful entry into Denmark when he drove his car to Germany to collect the alien.

The Supreme Court upheld the sentence of 30 days in prison. The question was then whether it should be unsuspended or suspended on the condition of community service. Based on an overall assessment of the nature and severity of the offence and the accused’s personal situation, the Supreme Court found that there was no basis for suspending the sentence on the condition of community service.

The Supreme Court agreed that it was not contrary to Denmark’s international obligations that the accused had been expelled from Denmark with a six-year entry ban.

The High Court had partly reached a different conclusion.