The DPP has the right to appeal compensation orders under s.85B of the Sentencing Act 1991 as they fall within the definition of 'sentence' in s.566 of the Crimes Act 1958. The DPP's broad discretion under s.567A is not subject to an externally assessable public interest test. The standard of review for such appeals is akin to that for appeals against assessments of damages — the appellate court must be satisfied the judge acted on a wrong principle, misapprehended the facts, or made a wholly erroneous estimate. Double jeopardy has no application to appeals against compensation orders. Relevant factors for assessing grief and trauma compensation include the circumstances of death, the effect on the applicant, closeness of relationship, age, and extent of psychological suffering.
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