Causing Serious Harm in UK Law

Leading Cases
  • R v Jogee
    • Supreme Court
    • 18 February 2016

    So also if he participates by encouragement or assistance in any other unlawful act which all sober and reasonable people would realise carried the risk of some harm (not necessarily serious) to another, and death in fact results: R v Church [1965] 1 QB 59, approved in Director of Public Prosecutions v Newbury [1977] AC 500 and very recently re-affirmed in R v F (J) & E (N) [2015] EWCA Crim 351; [2015] 2 Cr App R 5.

    What matters is whether D2 encouraged or assisted the crime, whether it be murder or some other offence. He need not encourage or assist a particular way of committing it, although he may sometimes do so. Knowledge or ignorance that weapons generally, or a particular weapon, is carried by D1 will be evidence going to what the intention of D2 was, and may be irresistible evidence one way or the other, but it is evidence and no more.

  • R v Lang
    • Court of Appeal (Criminal Division)
    • 03 November 2005

    The huge variety of offences in Schedule 15, includes many which, in themselves, are not suggestive of serious harm. Repetitive violent or sexual offending at a relatively low level without serious harm does not of itself give rise to a significant risk of serious harm in the future. There may, in such cases, be some risk of future victims being more adversely affected than past victims but this, of itself, does not give rise to significant risk of serious harm.

  • R v Lewis Johnson and Others
    • Court of Appeal (Criminal Division)
    • 31 October 2016

    In determining whether that high threshold has been met, the court will primarily and ordinarily have regard to the strength of the case advanced that the change in the law would, in fact, have made a difference. If crime A is a crime of violence which the jury concluded must have involved the use of a weapon so that the inference of participation with an intention to cause really serious harm is strong, that is likely to be very difficult.

  • R (on the application of Yasir Mahmood) v Upper Tribunal (Immigration and Asylum Chamber)
    • Court of Appeal (Civil Division)
    • 05 June 2020

    However, the issue under s.117D(2)(c)(ii) is whether the offender has been convicted of ‘an offence’ which has caused serious harm. These offences usually result in a prison sentence because identity fraud is regarded as a serious matter; but that cannot, of itself, be enough to satisfy the requirement of causingserious harm’.

  • The Queen (on the application of Aswad Browne) v The Parole Board of England and Wales
    • Queen's Bench Division (Administrative Court)
    • 31 August 2016

    For my part, I do not accept the submission that the Defendant inferred that there was a genuine assault. On a fair reading of the DL, it is clear that the Defendant was careful not to make any assumptions about the truthfulness or otherwise of the allegation of assault. Rather, they indicate a recognition on the Defendant's part that a non-molestation order did not amount to a confirmation of the accuracy of the allegation.

  • R v Knowles and Others
    • Court of Appeal (Criminal Division)
    • 05 February 2015

    In considering that wider question the matters to which a judge will invariably have to have regard to include (1) the extent to which the offender needs treatment for the mental disorder from which the offender suffers, (2) the extent to which the offending is attributable to the mental disorder, (3) the extent to which punishment is required and (4) the protection of the public including the regime for deciding release and the regime after release.

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Legislation
  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... of an order under section 97 of the Serious Organised Crime and Police Act 2005 (confiscation ... to the victim of a relevant offence for any harm resulting from that offence ... (2) “Relevant ... 27 (abandoning children) section 28 (causing bodily injury by explosives) section 29 (using ... ...
  • Sentencing Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... more offences associated with it,was so serious that the Crown Court should have the power to ... (iii) section 255(1) (c) (determining risk of harm to public for purpose of extended sentence) , ... poison etc) ;(v) section 28 (causing bodily injury by explosives) ;(vi) section 29 ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... make provision about firearms, about sexual harm and violence and about forced marriage; to make ... Police Complaints Commission and the Serious Fraud Office; to make provision about invalid ... to any person,(b) conduct capable of causing nuisance or annoyance to a person in relation to ... ...
  • Assaults on Emergency Workers (Offences) Act 2018
    • UK Non-devolved
    • January 01, 2018
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Books & Journal Articles
  • The complexities of managing gendered violence in an English probation setting
    • No. 11-2, August 2019
    • European Journal of Probation
    • 0000
    Examined in this article are two cases of women who have committed offences causing serious harm to others. Responses from probation practitioners are explored in the context of the women also bein...
    ... ... of women who have committed offences causing serious harm to others. Responses from probation ... ...
  • Micro-domination
    • No. 22-2, April 2023
    • European Journal of Political Theory
    This article analyses the phenomenon of ‘micro-domination’, in which a series of dominated choices are individually inconsequential for a person’s freedom but collectively consequential. Where the ...
    ... ... or exclude powers that do notrisk causing serious harm to their victims. Where the choices ... ...
  • Micro-domination
    • No. 22-2, April 2023
    • European Journal of Political Theory
    • 0000
    This article analyses the phenomenon of ‘micro-domination’, in which a series of dominated choices are individually inconsequential for a person’s freedom but collectively consequential. Where the ...
    ... ... or exclude powers that do notrisk causing serious harm to their victims. Where the choices ... ...
  • How do high-risk young adult prisoners with emerging personality disorders describe the process of change in therapy?
    • No. 20-1, February 2018
    • The Journal of Forensic Practice
    • 32-41
    Purpose: The purpose of this paper is to investigate the views of young adult prisoners with emerging personality disorders (PDs), who were assessed as posing a high risk of causing serious harm to...
    ... ... were assessed as posing a high risk of causing serious harm to others, onthe process of ... ...
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Law Firm Commentaries
  • New Civil Sanctions For Lifesciences Companies Operating In The UK
    • Mondaq United Kingdom
    ... ... a serious risk of causing serious harm to human health, ... ...
  • Environment Agency's New Civil Sanctions Powers Implemented
    • Mondaq United Kingdom
    ... ... penalties which may be imposed for more serious offences. The Agency has published methodology to ... of the non-compliance and to address any harm. They can be deployed where damage has been ... ) to immediately stop an activity that is causing or presents a significant risk of causing serious ... ...
  • Tax Relief For Cleaning Up Contaminated Land And Buildings
    • Mondaq UK
    ... ... cause harm. The tax relief is available for several ... 'causing harm'. This includes the 'serious ... possibility ... ...
  • The meaning of "serious harm": the Supreme Court in Lachaux v Independent Print
    • JD Supra United Kingdom
    The increasing accessibility of digital media has enabled businesses to become not only readers, but also publishers of their own information and opinions. This in turn requires due consideration o...
    ... ... 2013 confirm that section 1 builds on these existing authorities to raise the bar for bringing a claim so that only cases where statements causing serious harm to the claimant's reputation will be successful ... Facts of Lachaux v Independent Print ... This case concerned reporting of a high ... ...
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