general guideline harm - caused, risked and/or intended

Harm – caused, risked and/or intended

• 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.
• 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) may assist the court in assessing harm, but the absence of a VPS should not be taken to indicate the absence of harm.