On 30 March 2021, the police carried out a search of a basement storage unit. Two fully automatic assault rifles and a live-loaded semi-automatic pistol were found in the storeroom, as well as magazines and ammunition for the weapons.
The items were seized, and the police replaced the firearms seized by fake copies at the location where the weapons had been found. Subsequently, the store was guarded by the police.
On 4 August 2021, JS came to the storehouse in the company of JT. JS was then inside the store and holding the dummy.
JS was charged with an attempt to commit a particularly serious firearms offence consisting in that on 4 August 2021, he attempted to unlawfully possess the pistol, automatic carbines, magazines, and ammunition. The prosecutor claimed that there was a danger of completion of the offence had existed or had been excluded only due to temporary circumstances. According to the prosecutor, the firearms offence was to be assessed as particularly serious as it involved several weapons of a particularly dangerous nature, the weapons had been possessed in such an environment that they could typically be feared to be used for criminal use, the gun has previously been used for criminal purposes, and when the offence was of a particularly dangerous nature, since the weapons were stored together with particularly dangerous ammunition.
JS was also charged with aggravated drug offences relating to the transport of cocaine and for money laundering, a minor offence.
JT was charged with aiding and abetting an attempt to commit a particularly serious weapons offence. consisting of promoting JS's attempt on 4 August 2021 to unlawfully possess a firearm. the pistol, automatic carbines, magazines, and ammunition. According to the prosecution the facilitation consisted of JT driving JS to and from the address in question, accompanied him to the storage room and assisted him in searching for the weapons, magazines, and ammunition. Also, in the description of the offence concerning JT stated that the danger of the completion of the offence had existed or been excluded only because of temporary circumstances. The prosecutor invoked the same circumstances as in the description of the offence regarding JS in support of the firearms offence should be assessed as particularly serious.
JT was also charged with a drug offence, consisting of unauthorized possession of drugs on seven occasions involving a total of 24 tablets of ecstasy/MDMA, 7.5 grams of cannabis and 6 grams of cocaine.
The district court acquitted JS and JT of the charge of attempted particularly serious weapons offences aggravated weapons offence and aiding and abetting an attempt at a particularly aggravated weapons offence. JS was convicted of aggravated drug offences and money laundering, minor offence. His sentence was set at four years and four months' imprisonment.
JT was sentenced for five cases of drug offences (transfer of a total of 4 tablets of ecstasy/MDMA, 5.6 grams of cannabis and 3 grams of cocaine) to imprisonment of for three months.
The Court of Appeal has changed the District Court's judgement and sentenced JS and JT also for attempt to commit an aggravated weapons offence and aiding and abetting an attempt to commit an aggravated weapons offence. The sentence for JS has been set at imprisonment for five years and six months. JT was sentenced to imprisonment for one year.
The Swedish Supreme Court reversed the defendants’ convictions, stating that criminal liability as a starting point should not occur if the danger of the offence's completion was excluded already when the offender's intention was formed. In this case, the danger of the offences being completed was excluded due to the fact that the police more than four months earlier had seized the objects.
attempt to commit a particularly serious firearms
on 4 August 2021, he attempted to unlawfully possess the pistol, automatic carbines, magazines, and ammunition.
aiding and abetting an attempt to commit an extremely aggravated firearms offence by promoting JS's attempt on 4 August 2021 to unlawfully possess a firearm, the pistol, automatic carbines, magazines, and ammunition.
The facilitation consisted of JT driving JS to and from the address in question, accompanied him to the storage room and assisted him in searching for the weapons, magazines, and ammunition. Also, in the description of the offence concerning JT stated that the danger of the completion of the offence had existed or been excluded only because of temporary circumstances
unauthorized possession of drugs on seven occasions, involving a total of 24 tablets of ecstasy/MDMA, 7.5 grams of cannabis and 6 grams of cocaine
Supreme Court of Sweden (Högsta domstolen)
This case exemplifies the complexity of using special investigative techniques, balancing the effective prevention of crimes with the need for gathering admissible evidence that will hold up in court.