23 sep 2020
Højesteret
Sentence and expulsion
T sentenced to eight months in prison for aggravated violence, extortion and attempted duress and expelled from Denmark with a six-year entry ban
Case no. 38/2020
Judgment delivered on 14 August 2020
The Prosecution Service
vs.
T
T, a Syrian citizen, was found guilty of aggravated violence, extortion and attempted duress, among other offences. The High Court sentenced him to imprisonment for seven months and expulsion from Denmark with a six-year entry ban.
The issues before the Supreme Court concerned his sentence and whether he should be expelled.
Based on an overall assessment, and considering the fact that the penalty for aggravated violence was increased by a third in 2018 as a general measure, the Supreme Court found that the prison sentence should be increased to eight months.
T had lived in Denmark since September 2014, and his partner and two young children also lived here. The Supreme Court found that T still had very strong ties with Syria. The Supreme Court also found that, apart from this Danish partner and the children, T's ties with Denmark were relatively limited. If T was expelled, he would be physically separated from his partner and children for a period of time, and this amounted to a significant restriction of his right to family life.
However, considering the nature and severity of T's offences, in conjunction with his ties with Syria and Denmark, respectively, the Supreme Court held on an overall assessment that the interests of public safety (to prevent crime and uphold public order), which spoke in favour of expelling T with a six-year entry ban, were so compelling that they outweighed the consideration for his private life and, in particular, family life, which weighed against expulsion. It is noted that T had only lived in Denmark for a few years, and that he had only been in a relationship with his Danish girlfriend for a relatively short period.
Based on these grounds, the Supreme Court found that expelling T with a six-year entry ban would not amount to a disproportionate measure that was in contravention of Article 8 of the European Convention on Human Rights. The Supreme Court thus affirmed the expulsion with a six-year entry ban.