Andrews v State of SA and Andrews No. Cicd-95-1107 Judgment No. D3479

The case Andrews v State of South Australia and Shane Andrews was heard in the District Court of South Australia, presided over by His Honour Judge Lowrie. The plaintiff, Daniel Bracey Andrews, represented by his mother Robyn Louise Andrews, sought compensation for psychiatric injuries sustained following the murder of Brian Lyden, a friend of the family, by the defendant Shane Andrews. Shane Andrews, who was convicted of the murder, was Daniel's father. The Crown argued that there was insufficient evidence to prove a causal link between the commission of the offence and Daniel's psychiatric injuries.

The legal issues in this case involved determining whether Daniel's depressive condition was causally connected to the commission of the offence under the Criminal Injuries Compensation Act. The court had to consider the evidence presented by the parties, including expert opinions from psychologists and psychiatrists, to establish if the depressive condition was a consequence of the offence.

The court examined the evidence and concluded that while Daniel was indeed affected by the murder, the depressive condition was more closely related to the ongoing actions of Shane Andrews, particularly his denial of the crime and continued communication with Daniel. The court found that the depressive condition was not solely due to the commission of the offence, but also due to the subsequent events, including Shane's protestations of innocence and absence from Daniel's life. The court dismissed the application, holding that the plaintiff had not established, on the balance of probabilities, that Daniel's condition was causally connected with the commission of the offence.