Chall & Others [2019] EWCA Crim 865
- Citing
- Cited by
“The five cases which are now before the court, though otherwise unconnected, have been listed together because they raise a common issue as to the approach a sentencing judge should take when assessing for the purposes of a relevant sentencing guideline whether a victim of crime has suffered severe psychological harm. They accordingly provide an opportunity for this court to give guidance in that regard.”
The cases before the court involve offences covered by the definitive guidelines in respect of sexual offences and offences of causing grievous bodily harm with intent. But those are by no means the only types of offence which may call for consideration of psychological harm. For example, the categorisation of offences under both the harassment guideline and the making a threat to kill guideline involves an assessment of whether the victim has suffered “significant psychological harm” or “some psychological harm”; and the categorisation of offences under the domestic burglary guideline requires an assessment of whether the victim has suffered “trauma … beyond the normal inevitable consequence of intrusion and theft”.
Held: In summary, our views on the common issue raised in these cases are as follows:
1. Expert evidence is not an essential precondition of a finding that a victim has suffered severe psychological harm.
2. A judge may assess that such harm has been suffered on the basis of evidence from the victim, including evidence contained in a VPS, and may rely on his or her observation of the victim whilst giving evidence.
3. Whether a VPS provides evidence which is sufficient for a finding of severe psychological harm depends on the circumstances of the particular case and the contents of the VPS.
4. A VPS must comply with the requirements of the Criminal Practice Direction and be served on the defence in sufficient time to enable them to consider its contents and decide how to address them. If late service gives rise to genuine problems for the defence, an application for an adjournment can be made.