AustLII Home | Databases | WorldLII | Search | Feedback

Precedent (Australian Lawyers Alliance)

You are here:  AustLII >> Databases >> Precedent (Australian Lawyers Alliance) >> 2017 >> [2017] PrecedentAULA 55

Database Search | Name Search | Recent Articles | Noteup | LawCite | Author Info | Download | Help

Crock, Fiona --- "Tort v Crime: which will serve your plaintiff better?" [2017] PrecedentAULA 55; (2017) 142 Precedent 12


TORT v CRIME: WHICH WILL SERVE YOUR PLAINTIFF BETTER?

By Fiona Crock

On average, 7.3 million people a week watched the first season of Netflix series American Crime Story: The People v O.J. Simpson. OJ Simpson put the tension between criminal and tort law on the map globally. Even to the Netflix-watching layperson, the overlap between the systems is fascinating and obvious. But the question of whether to pursue criminal or civil compensation schemes is complex. Despite the two compensation schemes being distinct, they often operate on the same set of facts. Plaintiff lawyers typically gravitate towards civil compensation. However, criminal compensation should not be overlooked as an option for an injured party where there is a criminal offence involved. This article provides a broad guide to the schemes in each state, in order to simplify the process of making the best choice for your plaintiff. It also touches briefly on compensation orders, which are made under criminal sentencing powers, as a further avenue of recovery.[1]

COMPENSATION ORDERS AS AN AVENUE OF RECOVERY

As well as offering state-funded compensation schemes, all Australian jurisdictions (except for Western Australia) provide for compensation orders against offenders for personal injuries caused by their offences as part of the sentencing process.[2] This is effectively a non-punitive order that is attached to the end of a criminal trial for the benefit of the victim. It is intended to provide a low cost and efficient means of access to civil redress for victims of crime. This form of order does not extinguish the victim’s right to recover civil damages separate to the compensation order.[3]

Compensation orders can include amounts for pain and suffering as well as medical and other expenses incurred. The jurisdictional limit varies between states and territories.[4] In R v Wills,[5] Haesler J found that the jurisdictional cap did not relate to each individual offence but to the total compensation awarded for ‘all offences that are part of a general course of conduct’.[6] Applications can often be made by a broad category of victims including witnesses to the offence, and family members.

There are a number of advantages to this means of recovery. In particular, the fact that it is not necessary for a victim to prove liability as it is established with conviction. Of course, this means that these orders can only be made if an offender has pleaded or been found guilty.

If your client pursues this avenue of recovery, they will avoid facing further cross-examination regarding the injury. In cases where the injury was sustained in traumatic circumstances, this can be of real value to a potential plaintiff. Further, they will avoid many significant costs that attach to common law proceedings.

A compensation order can also be a good option where the would-be plaintiff is caught by statutory limitations. In Victoria, provided an application is brought within 12 months of conviction, no limitation period applies.[7] In NSW, an order must be sought either within two years of conviction of the offender, or by the end of the period in which a criminal compensation claim can be made.[8] While this may be favourable to an injured party, the downside is that delays associated with the criminal justice system may be visited on the complainant.

In assessing compensation, a judge may be guided by principles that apply in an assessment of damages in the civil jurisdiction.[9] However, there are some significant differences in the way civil compensation and compensation orders are assessed. For example, in making a compensation order, the financial circumstances of the offender can be taken into account.[10] In Director of Public Prosecutions v Energy Brix,[11] Vincent JA found that in assessing compensation the court should consider the differences in the way a crime impacts an individual, compared to the effects of a non-criminal action.[12]

In appropriate cases, the prosecution has the opinion of seeking a freezing order on the accused’s assets where there is a possibility that a compensation order may be made. However, if the accused is unable to meet the cost of such an order, this will not be of assistance to a complainant. This is particularly relevant where a prison order has also been made.

Where an accused does have means, it may be possible to negotiate a settlement of damages encapsulating what would be recovered under a compensation order as well as any common law liability. Even in cases where the accused has limited means, the cheaper process of negotiating a settlement of this nature keeps costs low and can ultimately mean better recovery for a victim.

CIVIL AND CRIMINAL COMPENSATION

Australian Capital Territory

On 1 July 2016, the ACT commenced a transition from the existing Financial Assistance Scheme that operated under the repealed Victims of Crime (Financial Assistance) Act 1983 (ACT) to a new Financial Assistance Scheme under the Victims of Crime (Financial Assistance) Act 2016 (ACT). Applications lodged before 1 July 2017 will proceed through the Magistrates Court. Applications for financial assistance lodged after this date will be processed by Victim Support ACT and determined by the Victims of Crime Commissioner. With some exceptions, an act of violence for which assistance is being sought must have been reported to police.[13]

The new Financial Assistance Scheme covers a wide range of categories including immediate need payments, economic loss payments and recognition payments and is available to people who have suffered injury as a result of an act of violence committed after 1 July 2016.[14] The maximum amount of financial assistance that may be paid to a primary victim is $50,000.[15] Some parts of the repealed Act continue to apply to victims of crime who experienced an act of violence before 1 July 2016: a primary victim who sustained an extremely serious injury (as defined by the repealed Act) may receive an aggregate maximum of up to $50,000.[16]

The Civil Law (Wrongs) Act 2002 (ACT) regulates personal injury claims in the ACT. Economic loss damages are limited to three times the average weekly earnings.[17] General damages are determined by reference to earlier decisions.[18] Any claims for mental harm must be in relation to a recognised psychiatric illness.[19]

New South Wales

In 2013, the Victims Rights and Support Act 2013 (NSW) was passed. This Act abolished the Victims’ Compensation Tribunal, consolidating it with the NSW Civil and Administrative Tribunal, and established the Victims’ Support Scheme.[20] The Scheme provides for five categories of assistance: information, support and referral; counselling; financial assistance for immediate needs; financial assistance for economic loss; and, a recognition payment to acknowledge the suffering of victims.

Each category is capped and the amount received under the recognition payment depends on the type of offence that was suffered. For example, financially dependent family members of homicide victims may claim up to $15,000, while non-financially dependent parents of these victims can claim up to $7,500. In order to apply for victims support, documentary evidence in the form of a police report or Government agency report must be provided.[21]

NSW common law claims are subject to the Civil Liability Act 2002 (NSW). The maximum sum for recovery of non-economic loss is $350,000.[22] This figure is adjusted annually by reference to fluctuations in the average weekly earnings as measured by the Australian Statistician. Non-economic loss damages are assessed as a proportion of a most extreme case, often expressed as a percentage of the maximum amount payable in respect of the claim.[23] The threshold for recovery of non-economic loss damages is an injury assessed to be a degree of impairment of at least 15 per cent of a most extreme case.[24] The Civil Liability Act 2002 (NSW) limits an award of damages for past or future income loss to three times the amount of average weekly earnings at the date of the award.[25]

Northern Territory

The NT is subject to a state-funded administrative scheme under the Victims of Crime Assistance Act (NT). Assistance is capped at $40,000 for primary victims to cover expenses, lost earnings or an award of special assistance.[26] The Crime Victims Services Unit manages applications for financial assistance as an administrative process. Submissions are only in writing and there is no form of court or tribunal hearing. Unless there is reasonable excuse, applicants are required report the offence to police within a reasonable period of time.[27] However, an applicant can still be found to be an eligible victim if the offender has not been charged or found guilty.[28]

Common law claims are governed by the Personal Injuries (Liabilities and Damages) Act (NT). The maximum amount of damages that a court may award for non-pecuniary loss damages is $350,000.[29] There is a threshold of 5 per cent whole person impairment (WPI) for non-pecuniary loss damages. Where the degree of impairment is more than 15 per cent of the whole person (and less than 84 per cent), non-pecuniary loss damages are determined in accordance with the relevant percentage of the maximum amount as defined by the Act.[30] Damages for economic loss are capped at three times the average weekly earnings.[31]

Queensland

Queensland criminal compensation is provided under the Victims of Crime Assistance Act 2009 (Qld). Victim Assist Queensland manages applications for financial assistance and applications are determined by a government assessor. A primary victim may be granted total assistance of up to $75,000.[32] The maximum that can be claimed by a primary victim for loss of earnings assistance is $20,000 and is available to the period of two years after the act of violence.[33] An offence must have been reported to police before an application for financial assistance is bought.[34] The offender is not required to have been identified, arrested, prosecuted or convicted in relation to the offence.[35]

Queensland personal injuries claims are governed by the Personal Injuries Proceedings Act 2002 (Qld) and the Civil Liability Act 2003 (Qld). Pecuniary loss damages are limited to three times the average weekly earnings.[36] In calculating general damages, the court assigns an injury value from zero (negligible injury) to 100 (gravest conceivable injury). In order to assess the injury, the court is guided by rules prescribed under the related regulations and injury values attributed to similar injuries in prior proceedings.[37] In some circumstances, exemplary, punitive or aggravated damages can be awarded when claiming personal injury damages under the Civil Liability Act.[38]

South Australia

Injuries caused by crimes committed between 1 July 1978 and 31 December 2002 are still administered by the repealed Criminal Injuries Compensation Act 1978 (SA) as well as the Victims of Crime (Transitional) Regulations 2017 (SA). Injuries caused by crimes committed on or after 31 December 2002 are dealt with under the Victims of Crime Act 2001 (SA). Under the Victims of Crime Act it must be proven on the balance of probabilities that the offence being claimed in relation to occurred.[39] If an offender has not been charged, the claimant will required corroborative evidence to establish that the offence occurred.[40]

Compensation can be claimed for pain and suffering, loss of earnings and for treatment costs. Claims for offences committed since 1 September 1990 are limited to a maximum payment of $50,000. Claims for offences committed since 1 July 2015 are capped at $100,000, inclusive of financial and non-financial loss.[41] In cases of financial loss, if the amount to be awarded exceeds $2,000, the amount will be $2,000 plus three quarters of the excess.[42] For injuries incurred as a result of offences committed after 12 August 1993, claims for pain and suffering are assessed on a points scale of between zero and 50 (with 50 being the most serious possible injury). One point on the scale is equivalent to $1,000 compensation. An injury must be worth at least one point to be subject to an award of compensation, so very minor injuries are excluded. For claims arising from offences committed on or after 1 January 2003, there is no payment for pain and suffering unless the injury equates to more than two points on the scale, but there is no minimum threshold for a claim for financial loss. For claims arising from offences committed on or after 1 July 2015, the same numerical scale applies but from zero to 60, with a minimum assigned value of two on the scale for an award to be made.[43] Where the value is greater than two, the amount awarded will be determined by reference to the Victims of Crime Act 2001 (SA).[44]

The Civil Liability Act 1936 (SA) applies to civil compensation claims for personal injuries and loss. Damages may only be awarded for non-economic loss if the plaintiff’s ability to lead a normal life was significantly impaired for a period of at least seven days or medical expenses of the prescribed minimum were reasonably incurred.[45]

Economic loss damages are capped at a prescribed maximum of $2.2 million.[46] General damages are determined according to a ‘scale value’ where non-economic loss is assigned a numerical value on a scale from zero to 60 which reflect the gradations of non-economic loss.[47] The scale value is multiplied according to the Act to determine the award of general damages.[48] Claims for loss resulting from mental harm requires that the mental harm be a recognised psychiatric illness.[49]

Tasmania

Victims of crime may be eligible for compensation under the Victims of Crime Assistance Act 1976 (Tas). Compensation applications are processed by Victims Support Services and are limited to dealing with personal injury and loss and include monetary loss (including loss of income), expenses incurred and financial assistance. The maximum amount that can be awarded to a primary victim for a single offence is $30,000.[50] It is a requirement for receipt of an award that an applicant reasonably assist in the identification, apprehension or prosecution of the offender alleged to have caused the injury.[51]

Civil personal injury claims in Tasmania are governed by the Civil Liability Act 2002 (Tas). Pecuniary loss damages are limited to three times the average weekly earnings.[52] Damages in respect of non-economic loss are determined by a formula established by the Act, and change annually with the consumer price index.[53] For example, if the general damages are assessed at or below $4,000, no award of damages will be made. Where damages awarded are between $4,001 and $20,000, the amount awarded is calculated with this formula:

Award = 1.25 x (amount assessed – 4,000.

Damages for loss resulting from mental harm require that the mental harm be a recognised psychiatric illness.[54]

Victoria

The Victims of Crime Assistance Act 1996 (Vic) establishes a tribunal-based, state-funded scheme to provide financial assistance to victims of violent crime. Financial assistance includes expenses relating to counselling, medical and safety related matters up to a maximum of $60,000 for primary victims.[55] Assistance for loss earnings can be awarded up to $20,000. Special financial assistance is available to primary victims up to a maximum of $10,000.[56] The tribunal will refuse to make an award if the act of violence was not reported to the police within a reasonable time, or the applicant did not provide reasonable assistance in the investigation of the offence.[57] However, it is not a requirement for recovery that the offender be convicted or charged.[58]

The Wrongs Act 1958 (Vic) applies to common law claims for damages for economic and non-economic loss arising from personal injury and death in cases other than workplace injuries or transport accidents. Non-economic loss damages in Victoria are capped at $577,050.[59] The maximum award for loss of earnings is three times the average weekly earnings at the date of the award.[60]

General damages are only recoverable where a claimant has a ‘significant injury’ as defined by the Wrongs Act 1958 (Vic). While some injuries are categorised as ‘significant injuries’ automatically (such as dust diseases or loss of a foetus), other injuries require an assessment of the degree of impairment caused as a result of the injury. The degree of WPI must be determined to be greater than ten per cent for psychiatric injury and five per cent for spinal and other injuries. It is worth noting that the significant injury test need not be satisfied if the injury is caused by an intentional assault or is related to a sexual assault.[61]

Under the Limitation of Action Act 1958 (Vic), most claims must be brought either within a three year period of the ‘date of discoverability’ of the injury, or within 12 years of the date of the injury, whichever period expires sooner.[62] In Victoria, limitation periods do not apply to a range of sexual assaults.[63] Limitation periods are largely uniform across the states and territories.

Western Australia

The Criminal Injuries Compensation Act 2003 (WA) establishes the WA Criminal Injuries Compensation Scheme. Compensation can be awarded for medical expenses, pain and suffering, loss of enjoyment of life, loss of income and incidental expenses. The maximum amount of compensation payable is $75,000, for a single offence committed after 1 January 2004.[64]

Negligence is governed by the Civil Liability Act 2002 (WA). The Act establishes the minimum threshold for general damages at $12,000. The maximum amount is determined according to a formula established by s9.[65] Damages for loss of earnings are capped at three times the average weekly earnings.[66]

OVERLAPPING COMPENSATION AND ‘DOUBLE DIPPING’

Almost all jurisdictions subscribe to the basic principle that each form of compensation is required to consider compensation awarded via a different avenue. Overlap between the different forms of compensation is regulated in order to avoid double dipping by injured parties. In brief, the various states and territories are subject to the following requirements:

Australian Capital Territory

Criminal compensation

Any criminal compensation will be reduced if the Commissioner believes that the applicant has received associated payment covering the same harm as the financial assistance is intended to cover.[67]

Compensation orders/civil compensation

The court will consider any amount paid under a reparation order (compensation order) in any proceeding in relation to any loss resulting from the commission of an offence.[68]

New South Wales

Compensation orders

In making a compensation order, the court may take into account any amount which has been paid or that the aggrieved person is entitled to be paid by way of damages awarded in civil proceedings.[69]

Criminal compensation

Where an award of criminal compensation has been made under the Victims Support Scheme, the person’s right to commence civil proceedings in relation to the injuries is subrogated to the state to the extent of the amount of support paid.[70]

Civil compensation

If a plaintiff is awarded damages in a related civil proceeding after having received a compensation order, the damages will be reduced by the amount of the compensation order.[71]

Northern Territory

Criminal compensation

A criminal compensation award must be reduced in proportion to any payment the applicant has received for the compensable injury in the form of private insurance, compensation or damages from the offender.[72]

Civil compensation/compensation orders

Any damages awarded under a civil action must take into account any compensation order made.[73] However, civil damages must not take into consideration any administrative scheme financial assistance which has been or may be paid.[74]

Queensland

Criminal compensation/compensation orders

Where an applicant has received a relevant payment, this is taken into account and assistance granted under the financial assistance scheme is reduced by an amount equal to the relevant payment.[75] Relevant payments include civil compensation damages as well as compensation orders.[76]

Civil compensation

A plaintiff’s entitlement to seek civil compensation is not limited by the granting of financial assistance under the criminal scheme.[77]

South Australia

Compensation orders/criminal compensation

The amount paid as part of a compensation order to an applicant must be taken into consideration by a court or any other body in awarding compensation for that injury, pursuant to any other act or law.[78] A compensation order may be made despite the fact that compensation may be ordered under another statutory provision.[79]

Civil compensation

A plaintiff’s rights as against the offender are not limited by any compensation order that has been made.[80]

Tasmania

Criminal compensation

A criminal compensation payment may not be made if the Commissioner is satisfied that that person has, or had, an adequate remedy in civil proceedings. Any civil damages recovered, or likely to be recovered, will be taken into account by the Commissioner in determining the amount of the award.[81]

Civil compensation/compensation orders

A plaintiff may pursue civil recovery for loss or damage that was not satisfied by recovery under a compensation order.[82]

Victoria

Compensation orders

Where the court makes a compensation order, it must reduce the amount of compensation by the amount of any award made to the victim under the Victims of Crime Assistance Act 1996 (Vic).[83]

Criminal compensation

In making an award, the Tribunal must take into account and reduce the amount awarded to the applicant in accordance with the equivalent of any common law damages, compensation, assistance or payments the applicant has received.[84] However, the Tribunal will not take into account insurance or superannuation payments when making an assessment.[85] Where damages, compensation, assistance or payment is made by the offender or his/her representative after the award is paid by the Tribunal, the amount of the assistance paid under the Victims of Crime Assistance Act 1996 (Vic) is automatically repayable by the applicant.[86]

Civil compensation

Where a compensation order has been made, it is possible for a plaintiff to pursue civil recovery for loss or damage so far as s/he was not satisfied by payment or recovery of compensation by way of the compensation order.[87]

Western Australia

Criminal compensation

Any amount the applicant will receive, or has received under an insurance contract, must be deducted from a criminal compensation award.[88] If the assessor is satisfied that an applicant will receive an amount by way of compensation or damages, the assessor may deduct this amount from a criminal compensation award.[89] Insurance payments received after the award of criminal compensation must be repaid by the applicant.[90]

Civil compensation

If a person recovers damages or compensation in relation to an injury, any amount previously awarded under the criminal compensation scheme, or the amount not deducted under ss42(3) or (4) of the Criminal Injuries Compensation Act 2003 (WA) is considered a debt due to the state.[91]

CONCLUSION

It is worth keeping an open mind about the avenues of recovery available to a potential plaintiff. A compensation order in favour of a court-averse plaintiff against an accused with assets may be the perfect fit. To reflect the reality that these orders are not always viable, state funded victim compensation schemes exist to provide assistance when it cannot be received from another source. In circumstances where neither of these options are adequate for your client, civil compensation may be the road to recovery that ultimately takes your plaintiff home.

Fiona Crock is a barrister at the Victorian Bar. She has a special interest in common law with a particular focus on personal injury matters. PHONE (03) 9225 7913 EMAIL fionacrock@vicbar.com.au.


[1] It should be noted that each Australian jurisdiction also has statutory compensation schemes as distinguished from those discussed in this article.

[2] Crimes (Sentencing) Act 2005 (ACT), s18; Victims Rights and Support Act 2013 (NSW), s94; Sentencing Act 1995 (NT), s88; Penalties and Sentences Act 1992 (Qld), s35; Criminal Law (Sentencing) Act 1988 (SA), s53; Sentencing Act 1997 (Tas), s68; Sentencing Act 1991 (Vic), s85B. In WA, compensation orders are restricted to property damage or offences on the basis that a ‘victim’ is categorised as a person who has suffered property loss or damage as a direct or indirect result of the offence under ss116 and 117 of the Sentencing Act 1995 (WA).

[3] Crimes (Sentencing) Act 2005 (ACT), s124(1)(b); Victims Rights and Support Act 2013 (NSW), s102; Sentencing Act 1995 (NT), s97; Criminal Law (Sentencing) Act 1988 (SA), s53(7); Sentencing Act 1997 (Tas), s68(8); Sentencing Act 1991 (Vic), s85L.

[4] For example: Victims Rights and Support Act 2013 (NSW) ss94 and 95 impose a jurisdictional limit of $50,000; Criminal Law (Sentencing) Act 1988 (SA) s53(3) allows an award of such amount as the court considers appropriate, and a limit of $20,000 in the Magistrates Court; Sentencing Act 1991 (Vic) s85B allows the court to make any award it sees fit.

[5] R v David Michael Wills: Application by Woolworths [2013] NSWDC 1.

[6] Ibid, [7].

[7] Sentencing Act 1991 (Vic), s85C.

[8] Victims Rights and Support Act 2013 (NSW), s59.

[9] Director of Public Prosecutions v Energy Brix Australia Corporation Pty Ltd [2006] VSCA 116; (2006) 14 VR 345, [31] (Vincent JA).

[10] Sentencing Act 1991 (Vic), s85H(1).

[11] [2006] VSCA 116; (2006) 14 VR 345.

[12] Ibid, [31] (Vincent JA).

[13] Victims of Crime (Financial Assistance) Act 2016 (ACT), s31

[14] Ibid, s19.

[15] Ibid, s24.

[16] Victims of Crime (Financial Assistance) Act 1983 (repealed), s11.

[17] Civil Law (Wrongs) Act 2002 (ACT), s98.

[18] Ibid, s99.

[19] Ibid, s25.

[20] Victims Rights and Support Act 2013 (NSW), pt 4.

[21] Ibid, s39.

[22] Civil Liability Act 2002 (NSW), s16(2).

[23] Ibid, s16.

[24] Ibid, ss16(1).

[25] Ibid, s12.

[26] Victims of Crime Assistance Act (NT), s38.

[27] Ibid, s43.

[28] Ibid, s37.

[29] Personal Injuries (Liabilities and Damages) Act (NT), s27.

[30] Ibid.

[31] Ibid, s20.

[32] Victims of Crime Assistance Act 2009 (Qld), s38.

[33] Ibid, s39(e).

[34] Ibid, s81(1).

[35] Ibid, s25A.

[36] Civil Liability Act 2003 (Qld), s54.

[37] Ibid, s61.

[38] Ibid, s52.

[39] Victims of Crime Act 2001 (SA), s22(1)

[40] Ibid, s22(3)

[41] Ibid, s20(3)(b)(iii).

[42] Ibid, s20(3)(b)(i).

[43] Ibid, s20(3)(b)(ii).

[44] Victims of Crime Act 2001 (SA), sch a1.

[45] Civil Liability Act 1936 (SA), s52.

[46] Ibid, s54.

[47] Ibid, s52.

[48] Ibid.

[49] Ibid, s53.

[50] Victims of Crime Assistance Act 1976 (Tas), s6A.

[51] Victims of Crime Assistance Act 1976 (Tas), s5(3A).

[52] Civil Liability Act 2002 (Tas), s26.

[53] Ibid, s27.

[54] Ibid, s33.

[55] Victims of Crime Assistance Act 1996 (Vic), s8.

[56] Ibid, s8A.

[57] Ibid, s52(a).

[58] Ibid, s50(4).

[59] Wrongs Act 1958 (Vic), s28G.

[60] Ibid, s28F.

[61] Ibid, s28C(a).

[62] Limitation of Actions Act 1958 (Vic), ss27D and 27F (for injuries sustained on or after 21 May 2003 and for injuries before 21 May 2003 where proceedings were commenced on or after 1 October 2003).

[63] Limitation of Actions Amendment (Child Abuse) Act 2015 (Vic).

[64] Criminal Injuries Compensation Act 2003 (WA), s31.

[65] Civil Liability Act 2002 (WA), s9.

[66] Ibid, s11.

[67] Victims of Crime Financial assistance Act 2016 (ACT), s47(1)(a).

[68] Crimes Sentencing Act 2005 (ACT), s135(2).

[69] Victims Rights and Support Act 2013 (NSW), s99.

[70] Ibid, s55.

[71] Ibid, s102.

[72] Victims of Crime Assistance Act (NT), s42.

[73] Sentencing Act (NT), s97.

[74] Victims of Crime Assistance Act (NT), s62.

[75] Victims of Crime Assistance Act 2009 (Qld), s86.

[76] Victims of Crime Assistance Act 2009 (Qld), sch 3.

[77] Ibid, s22.

[78] Criminal Law (Sentencing) Act 1988 (SA), s53(9).

[79] Ibid, s53(7).

[80] Victims of Crime Act 2001 (SA), s20(2)(b).

[81] Victims of Crime Assistance Act 1976 (Tas), s5.

[82] Sentencing Act 1997 (Tas), s68(8).

[83] Sentencing Act 1991 (Vic), s85I.

[84] Victims of Crime Assistance Act 1996 (Vic), s16(a).

[85] Ibid, s16(ab).

[86] Ibid, s62.

[87] Sentencing Act 1991 (Vic), s85L.

[88] Criminal Injuries Compensation Act 2003 (WA), s42(3).

[89] Ibid, s42(4).

[90] Ibid, ss68(b)-(e).

[91] Ibid.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/PrecedentAULA/2017/55.html