Psychiatric harm

Question 1

What is psychiatric injury?

What is meant by a primary and seconday victim?

Answer 1

Mental trauma following a shocking incident
Primary - directly involved
Secondary - not directly involved

Question 2

What does primary victims include?

Answer 2

• C who suffered PI/property damage
• Near-missers (almost physically harmed in the incident)
• Rescuers (if placed in physical danger)

Question 3

case for primary victims

Answer 3

• Chadwick v British rail
• C was a primary victim
• Aid was a foreseeable consequence of the incident
• C was placed in physical danger

Question 4

What is the secondary victims test?

Answer 4

Alock v cc SY police

• must have close ties of love and affection with a primary victim
• witnessed the event with their own unaided senses
• be proximate to the event itself or it’s immediate aftermath
• receive psychiatric inheritance as the result of a shocking event

Question 5

What is the first requirement for psychiatric harm?

Answer 5

Foreseeability
Psychatric harm was foreseeable from the D’s actions - page v smith

Question 6

What is the second element for psychiatric injury?

Answer 6

Proximity

Alcock v CC South Yorkshire
* Close ties of love and affection between C and V
* C suffered injuries at the scene or the immidate aftermath
* C suffered shock through their own unaided senses