Psychiatric harm

Question 1

Primary victim: requirements + cases

Answer 1

1.Exposed to danger or reasonable believe to be in danger

2.need to prove physical harm was foreseeable consequence of the D’s action Page v Smith 1995

3.Must be foreseeable in person of reasonable fortitude
White v CC of Yorkshire 1999

Question 2

Cases for Primary and Secondary victims 3:

Answer 2

Alcock v CC of South Yorkshire 1991 (secondary)
Page v Smith 1995 (primary)
White v CC of South Yorkshire 1999 (primary)

Question 3

Requirements for secondary victim : Alcock requirements : 3

Answer 3

1.Close relationship of love and affection between primary and secondary victim (Alcock)
2.Proximity in time and space between secondary victim and the accident caused by D.
3. Had to be a result from the second victims either seeing or hearing the accident with their own unaided senses.
4.Need to suffer sudden shock and recognised psychiatric harm resulting from exposure to seeing/hearing primary victim

Question 4

Requirements for secondary victim:

Answer 4

1.Must hear or see incident with their own unaided senses (Alcock)
2.Must have close tie of love and affection with victim (Alcock)
3.Must have been at the incident or the immediate aftermath (Atkinson)
4.Must have suffered psychiatric harm due to sudden shock (Alcock)