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14 sep 2021

Højesteret

Police officer fined for accidental shot during exercise

Police officer fined for unintentional discharge of his service pistol during an exercise because he had forgotten to insert the safety rod

Case no. 73/2020
Judgment delivered on 25 March 2021

The Prosecution Service
vs.
T

T, a police officer, had been on duty before arriving at an exercise and was therefore carrying his loaded pistol with a cartridge in the chamber. When he arrived, he forgot to insert the red safety rod in his pistol to prevent it from accidentally firing. In a practice room with five of his colleagues, T was to practise drawing his pistol and drew it from its holster, pointed it at a brick wall and pulled the trigger, thereby unintentionally firing a shot.

The Supreme Court held that this was a punishable offence on the grounds that T should have known that he should have inserted a safety rod in his service pistol during an exercise, and that T intentionally pulled the trigger without checking that the safety rod was there. The Supreme Court also considered that the exercise was held in a room that was not specially designed for shooting, and in a situation where there were other people present in the room.

The Supreme Court thus affirmed the judgment of the High Court.