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How far is it true to say that the seriousness of an offence depends on the amount of harm caused or the defendant's state of mind?
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How far is it true to say that the seriousness of an offence depends on the amount of harm caused or the defendant's state of mind? This title opens up a "Pandora's box" of elements in criminal law. Firstly, this title suggests that the seriousness of an offence is proportionate to the amount of harm caused or the defendant's state of mind. This is not always true; in the case of 'Brown'1, the House of Lords were contemplating whether a criminal assault occurs if the person with inflicted injuries has consented to that assault, thus resulting in actual, but not necessarily serious bodily harm. It was held that a criminal assault could occur, and the group of sado-masochists were charged under ss. 20 or 47 of the Offences Against the Persons Act, 1861. Although people can self-harm and this would commit no offence, one 'could not consent to an injury by...
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