Commentary

Many medical experts from a variety of specialties, but in particular accident and emergency, may be called upon to advise the court as to the nature, extent and potential consequences of injuries suffered by the victims of crime. Their reports assist the court in (1) categorising the levels of harm for the purpose of the application of the Sentencing Council Guidelines and (2) assessing the seriousness of an offence for the purposes of section 63 of the Sentencing Act 2020 having regard not just to the harm caused but the harm that might foreseeably have been caused.

In this case the two accident and emergency experts provided reports which assisted the sentencing judge and were sufficiently detailed to assist the Court of Appeal when considering the submission by the Attorney general that the sentencing judge incorrectly categorised the level of harm resulting the stabbing of two men at an underground station. 

The case illustrates how medical experts should report on the injuries of the victims of crime and the information that the court requires in order to categorise the severity of their injuries. 

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