Section 39(1)(b) of the Criminal Injuries Compensation Act 2003 (WA) requires only a temporal connection between the victim's separate offence and the injury suffered, not a causal connection. Whether the requisite temporal connection exists is a question of fact and degree to be evaluated in all the circumstances, and generally if the injury and the offence are part of the one incident, that is sufficient. The principle that beneficial or remedial legislation should be construed liberally does not apply to limiting provisions within such legislation.
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