Western Australian Current Acts

CRIMINAL INJURIES COMPENSATION ACT 2003 - SECT 14

14 .         Alleged offence: acquittal due to unsoundness of mind

        (1)         This section applies if a person is found not guilty of a crime, misdemeanour or simple offence (the charged offence ) on account of unsoundness of mind.

        (2)         A person who suffers injury as a consequence of the act or omission that is alleged to constitute the charged offence may apply for compensation for that injury and any loss also suffered.

        (3)         If —

            (a)         a person dies as a consequence of the act or omission that is alleged to constitute the charged offence; and

            (b)         a close relative of the deceased suffers loss as a result of the death,

                the personal representative of the deceased may apply for compensation for that loss.

        (4)         An assessor must not make a compensation award in respect of a compensation application made under this section unless satisfied —

            (a)         if the application is made under subsection (2) — that the claimed injury and any claimed loss has occurred and did so as a consequence of the act or omission that is alleged to constitute the charged offence;

            (b)         if the application is made under subsection (3) — that the death occurred as a consequence of the act or omission that is alleged to constitute the charged offence and that the claimed loss has occurred.