While offence seriousness is one of the elements of proportionality, culpability of the individual offender is the other principal dimension of offence seriousness. Von Hirsch expressed harm and individual culpability as under;
“Harm refers to the injury done or risked by the criminal act. Culpability refers to the factors of intent, motive and circumstances that determines how much the offender should be held accountable for his act. Culpability, in turns, affects the assessment of harm. The consequences that should be considered in ganging the harmfulness of an act should be those that can fairly be attributed to the actors choice” (Von Hirsch 1986 P-64-65). (Para-867); .....Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, (Criminal), 2017 (1)-[2 LM (AD) 76] ....View Full Judgment