Categorisation of injuries for sentencing purposes Categorisation of injuries for sentencing purposes

Categorisation of injuries for sentencing purposes

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,...

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Categorisation of injuries for sentencing purposes
Case Updates

Categorisation of injuries for sentencing purposes

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. 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. 

R v Green [2026] EWCA Crim 1003 

Ill-health and sentencing
Case Updates

Ill-health and sentencing

After summarising the case law, the court in this case stated that there is a high threshold to be reached in order for ill health or physical disability to impinge upon the court's approach to assessing the appropriate method of sentencing an offender. This is not to say that ill health or disability will never be taken into consideration as is indicated by these terms: ‘not generally’, ‘not automatically’, ‘can take account’, ‘may enable’, ‘not in itself’, ‘it may be permissible’, ‘in appropriate cases’, ‘permissible to have regard’ and ‘purely on the basis’.

Lavery, R v (Sentencing Remarks) [2026] NICC 5