Harm – which the offence caused, was intended to cause or might foreseeably have caused:

• There may be primary and secondary victims of an offence and, depending on the offence, victims may include one or more individuals, a community, the general public, the state, the environment and/or animal(s). In some cases there may not be an identifiable victim.
• An assessment of harm should generally reflect the overall impact of the offence upon the victim(s) and may include direct harm (including physical injury, psychological harm and financial loss) and consequential harm.
• When considering the value of property lost or damaged the court should also take account of any sentimental value to the victim(s) and any disruption caused to a victim’s life, activities or business.
• When considering harm to animals or the environment relevant considerations will include the impact on rare or endangered species or sensitive locations, and any suffering caused.
• Where harm was intended but no harm or a lower level of harm resulted – the sentence will normally be assessed with reference to the level of harm intended.
• Where the harm caused is greater than that intended – the sentence will normally be assessed with reference to the level of harm suffered by the victim.
• Dealing with a risk of harm involves consideration of both the likelihood of harm occurring and the extent of it if it does.
• Risk of harm is less serious than the same actual harm. Where the offence has caused risk of harm but no (or less) actual harm the normal approach is to move down to the next category of harm. This may not be appropriate if either the likelihood or extent of potential harm is particularly high.
• A Victim Personal Statement (VPS) or other impact statement may assist the court in assessing harm, but the absence of a VPS or other impact statement should not be taken to indicate the absence of harm.
• The court should balance these characteristics to reach a fair assessment of harm in the context of the circumstances of the offence.

The table should be used in conjunction with the notes above and may not be applicable to all offences.

Severe psychological or physical harm

The sentence levels in this guideline take into account a basic level of psychological harm which is inherent in the nature of the offence.

The assessment of psychological harm experienced by the victim beyond this is for the sentencer. Whilst the court may be assisted by expert evidence, such evidence is not necessary for a finding of psychological harm, including severe psychological harm. A sentencer may assess that such harm has been suffered on the basis of evidence from the victim, including evidence contained in a Victim Personal Statement (VPS), or on his or her observation of the victim whilst giving evidence.

It is important to be clear that the absence of such a finding does not imply that the psychological harm suffered by the victim is minor or trivial.