Severe psychological 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.