New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 278

278 Meaning of "victim"

(1) In this Part,
"victim" means the following--

(a) a victim, in relation to an offender within the meaning of this Act, of--

(i) an offence for which the offender is serving a sentence of imprisonment, or

(ii) an offence taken into account under the Crimes (Sentencing Procedure) Act 1999 , Part 3, Division 3 at the time the offender was sentenced for the offence referred to in subparagraph (i),

(b) a victim of a serious offence, if the offender is--

(i) an offender within the meaning of the Crimes (High Risk Offenders) Act 2006 , and

(ii) serving, or has at any time served, a sentence of imprisonment for the serious offence,

(c) a victim of an offence of a sexual nature, if the offender is--

(i) an offender within the meaning of the Crimes (High Risk Offenders) Act 2006 , and

(ii) serving a sentence of imprisonment for the offence of a sexual nature,

(d) a victim of an indictable offence, if the offence resulted in the offender being a convicted NSW terrorist offender or convicted NSW underlying terrorism offender.

(2) A victim includes a person who, as a direct result of an act committed, or apparently committed, by an offender or high risk offender in the course of an offence--

(a) suffers actual physical bodily harm, mental illness or nervous shock, or

(b) has property deliberately taken, destroyed or damaged.

(3) In this section, a reference to a sentence of imprisonment includes a sentence of imprisonment served by intensive correction, whether or not subject to a home detention condition.

(4) In this section--

"offence of a sexual nature" has the same meaning as in the Crimes (High Risk Offenders) Act 2006 .

"serious offence" has the same meaning as in the Crimes (High Risk Offenders) Act 2006 .