Psychological harm draft

  • The assessment of psychological harm experienced by the victim is for the sentencer.
  • Whilst it 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 his or her observation of the victim whilst giving evidence.