Re An Application Under the Criminal Injuries Compensation ACT and Sk

[1995] ACTSC 89

Supreme Court of the ACT

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Interrogate

Catchwords

1. Criminal Injuries Compensation
2. › Application for compensation
3. › Sexual assault on a minor
4. › Accused acquitted by jury
5. › Whether compensation may be awarded notwithstanding acquittal
6. › Standard of proof on balance of probabilities
7. › Criminal Injuries Compensation Act 1983 (ACT), ss 7, 17
1. Criminal Injuries Compensation
2. › Quantum
3. › Psychological trauma
4. › Ongoing need for treatment
5. › Pain and suffering
6. › Criminal Injuries Compensation Act 1983 (ACT), s 7
1. Evidence
2. › Standard of proof
3. › Difference between criminal and civil standards
4. › Balance of probabilities distinguished from beyond reasonable doubt

Quick Take

An acquittal on criminal charges does not preclude an award of criminal injuries compensation under the Criminal Injuries Compensation Act 1983 (ACT), as the compensation application requires proof on the balance of probabilities only. Dysfunctional behavioural patterns resulting from childhood sexual abuse are compensable consequences of the injury.

Case Details

Citation[1995] ACTSC 89

CourtACTSC

JurisdictionAustralian Capital Territory

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