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s 5

Meaning of victim

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Chapter 1Preliminary
Part 2Interpretation

5 Meaning of victim

(1)

A victim is a person who has suffered harm—

(a)

because a crime is committed against the person; or

(b)

because the person is a family member or dependant of a person who has died or suffered harm because a crime is committed against that person; or

(c)

as a direct result of intervening to help a person who has died or suffered harm because a crime is committed against that person.

(2)

Subsection (3) applies if a victim mentioned in subsection (1)(a) is pregnant when the crime is committed and, as a result of the commission of the crime—

(a)

the person sustains a bodily injury that results in the destruction of the life of the person’s unborn child; or

(b)

the person dies, resulting in the destruction of the life of the person’s unborn child.

(3)

A victim includes a person who has suffered harm because the person would, if the unborn child had been born alive, have been a family member of the child.

(4)

A person who commits a crime against a person as mentioned in subsection (1)(a) is not a victim of the crime under subsection (1)(b) or (c) or (3).

(5)

A victim includes a person, other than a person mentioned in subsection (1) or (3), who has suffered harm—

(a)

because domestic violence is committed against the person; or

(b)

because the person is a family member or dependant of a person mentioned in paragraph (a); or

(c)

as a direct result of intervening to help a person mentioned in paragraph (a).

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Section 5 — Meaning of victim — Victims of Crime Assistance Act 2009 (Queensland) — Barrister AI