Causing Serious Harm in UK Law

Leading Cases
  • R v Lang
    • Court of Appeal (Criminal Division)
    • 03 Novembro 2005

    We have already referred to the fact that significant risk of two matters must be shown before life imprisonment or imprisonment for public protection becomes obligatory, that is the commission of a further specified offence and the causing of serious harm thereby.

    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 Jogee
    • Supreme Court
    • 18 Fevereiro 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 (on the application of Yasir Mahmood) v Upper Tribunal (Immigration and Asylum Chamber)
    • Court of Appeal (Civil Division)
    • 05 Junho 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’.

  • R v Terrel Williams
    • Court of Appeal (Criminal Division)
    • 12 Outubro 2009

    That paragraph also provides authority for another important principle, which underlines the Youth Justice Board recommendation, namely that in order to establish a finding of dangerousness, for the purposes of passing an indeterminate sentence, a young offender must show a very high risk of causing serious harm. No such very high risk was demonstrated or shown in the pre-sentence report which identified the risk as medium.

  • R v Hughes
    • Supreme Court
    • 31 Julho 2013

    To say that he is responsible because he ought not to have been on the road is to confuse criminal responsibility for the serious offence of being uninsured with criminal responsibility for the infinitely more serious offence of killing another person. The escalating offences of common assault, assault occasioning actual bodily harm, and causing grievous bodily harm are but simple examples; there are many more.

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Legislation
  • Sentencing Act 2020
    • UK Non-devolved
    • 01 de Janeiro de 2020
    ...... 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), or . ... (v) section 28 (causing bodily injury by explosives); . (vi) section 29 ......
  • Criminal Justice and Immigration Act 2008
    • UK Non-devolved
    • 01 de Janeiro de 2008
    ...... more offences associated with it, was so serious that, but for paragraph 3 or 4 of Schedule 1, a ... members of the public from serious harm occasioned by the commission by him of further ... S-119 . Offence of causing nuisance or disturbance on NHS premises 119 ......
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • 01 de Janeiro de 2012
    ...... in public or on school premises and of causing serious injury by dangerous driving; to create a ... person will not present a risk of serious harm to members of the public if released at the end ......
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 01 de Janeiro de 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 ... . . (b) conduct capable of causing nuisance or annoyance to a person in relation to ......
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Books & Journal Articles
  • The complexities of managing gendered violence in an English probation setting
    • Núm. 11-2, August 2019
    • European Journal of Probation
    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 ......
  • How do high-risk young adult prisoners with emerging personality disorders describe the process of change in therapy?
    • Núm. 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 ......
  • Doctors Are Aggrieved—Should They Be? Gross Negligence Manslaughter and the Culpable Doctor
    • Núm. 84-4, August 2020
    • Journal of Criminal Law, The
    Doctors may also be criminals. Mercifully, this is a rare event but no health professional is infallible, mistakes happen and the challenge is to distinguish inadvertence from wilful disregard for ...
    ...... reason why culpable gross negligence causing serious harm should not also be subject to ......
  • Consent and the ‘Rough Sex’ Defence in Rape, Murder, Manslaughter and Gross Negligence
    • Núm. 84-4, August 2020
    • Journal of Criminal Law, The
    When women die at the hands of men, a not infrequent defence is that she consented to, or initiated, the beating, strangulation and penetration which contributed to her death. While strangulation h...
    ...... as defined in section 2 of this Act causing death, it is not a defence to a Corresponding ... ction 2 of this Act ca using actual bodily harm or more s erious injury, it is no t a defence to ... Against the Person Act 1861, or more serious injury. Additional new clauses including, ......
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Law Firm Commentaries
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