Where an offender is convicted of a single s 321A 'sexual relationship with a child' offence under the Criminal Code (WA), the individual prescribed offences constituting that relationship are not 'proved offences' but may be claimed as 'alleged offences' under ss 16 and 17 of the Criminal Injuries Compensation Act 2003 (WA). Section 321A(10) does not preclude such claims. This potentially doubles the statutory compensation cap from $50,000 to $100,000 under s 34 of the Compensation Act. A person is not 'charged with' an offence merely because it is a statutory alternative verdict on an indictment for another offence, and is not 'tried for' an offence unless the process concludes in conviction or acquittal.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.