Victims of Crime

Legal Ink 1st Edition

As far back as 1969, any person who has suffered injury as a result of being the victim of criminal behaviour is entitled to be compensated for any injury or injuries sustained. Today, such claims for “criminal compensation” are governed by the Criminal Offence Victims Act, introduced in 1995. Under this Act ‘victims of crime’ are entitled to compensation for physical and psychological injuries.

The amount of compensation that a victim is entitled to is determined by reference to a scale of injuries, with a maximum of $75,000 per injury.

Ultimately it is up to the judge who hears the case as to what level of compensation the victim is awarded. Judges will be guided by medical reports obtained from relevant medical experts on behalf of the victim. The judge will also want to know if the victim has contributed in any way to the criminal behaviour resulting in the injuries, and if so then the amount of compensation awarded will be reduced accordingly.

In 2003, one of our clients was walking home in the early hours of the morning after a night out. All of a sudden and without any warning he was viciously bashed and robbed of nothing more than a few dollars. He sustained serious injuries in the assault, including a broken jaw and broken teeth. Our client went on to develop a post-traumatic stress disorder. Since the assault he has had trouble sleeping and he has developed a fear that people walking behind him will attack him.

Our clients’ attacker was sentenced to five years jail for his part in the assault. On the other hand and in addition to the injuries he sustained our client was unable to work for several months until his injuries healed. He consulted our firm and we assisted him with his application for criminal compensation.

In total our client was awarded $24,750 in compensation; $13,500 for his physical injuries and $11,250 for post-traumatic stress disorder. The assault upon him was totally unprovoked and as such his award of compensation was not reduced.

Despite his attacker being in jail and having no money or assets, our client was still able to recover his compensation by making application for an “ex gratia payment” from the government.