[2010] TASCCA 6
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Attorney-General for Tasmania v B [2010] TASCCA 6
PARTIES: ATTORNEY-GENERAL FOR TASMANIA
v
B, K T
FILE NO/S: 693/2008
JUDGMENT
APPEALED FROM: TAD v KTB (2008) 17 Tas R 302, [2008] TASSC 36
DELIVERED ON: 10 May 2010
DELIVERED AT: Hobart
HEARING DATE: 9 March 2010
JUDGMENT OF: Crawford CJ, Evans and Porter JJ
CATCHWORDS:
Criminal Law – Procedure – Criminal injuries compensation – Tasmania – Injuries – Evidence and procedure – Documents admissible on application – Whether facts sufficiently appear from evidence and material.
Sentencing Act 1997 (Tas), s68.
R v Ferrari [1997] 2 Qd R 472 at 477; R v Kneeshaw [1975] QB 57 at 60; R v Braham [1977] VR 104 at 110; Landolt (1992) 63 A Crim R 220 at 223, considered.
Aust Dig Criminal Law [3208]
REPRESENTATION:
Counsel:
Appellant: W A Ayliffe
Respondent: R C Mainwaring
Solicitors:
Appellant: Blissenden Lawyers
Respondent: Legal Aid Commission of Tasmania
Judgment Number: [2010] TASCCA 6
Number of paragraphs: 69
Serial No 6/2010
File No 693/2008
ATTORNEY-GENERAL FOR TASMANIA v K T B
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
CRAWFORD CJ
EVANS J
PORTER J
10 May 2010
Orders of the Court
Appeal dismissed.
Serial No 2/2010
File No 693/2008
ATTORNEY-GENERAL FOR TASMANIA v K T B
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
CRAWFORD CJ
10 May 2010
The appeal was brought from a refusal of a judge to order an offender to pay compensation under the Sentencing Act 1997, s68, to a person who suffered injury as a result of a crime committed by the offender. TAD v KTB (2008) 17 Tas R 302, [2008] TASSC 36.
Originally, the appellant was the person who claimed to have suffered injury. (I will refer to her as the complainant.) However, following realisation that she had no right of appeal, it was ordered that the Attorney-General replace her as the appellant. The Criminal Code, s401(2)(c), gave the Attorney-General the right of appeal.
The criminal proceedings
On 7 August 2007, the respondent pleaded guilty to maintaining a sexual relationship with a young person under the age of 17 years, who was the complainant. In the course of stating the facts, Crown counsel tendered her victim impact statement. It was the only material the learned judge had concerning the injuries, or any other impact on her, that resulted from the commission of the crime. Counsel for the respondent made a plea in mitigation. On 10 August 2007, a conviction was recorded and the respondent was sentenced to a term of imprisonment.
The sexual relationship subsisted between 21 February 1972 and 20 August 1975. The complainant was nine years old when it started and 12 years old when it ended.
The commission of the crime was summarised in the comments on passing sentence in the following way. The respondent preyed upon the little girl. He took her shopping and in his car, indecently assaulted her by rubbing her…
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- AGLC
- Attorney-General v B [2010] TASCCA 6
- Case
- [2010] TASCCA 6
- Decision Date
CaseChat Overview and Summary
The Full Court was required to determine whether the single judge had erred in finding that the facts supporting B's claim for compensation were sufficiently established by the evidence presented. This involved considering the nature and extent of the injuries sustained by B and the causal link between those injuries and the criminal act alleged.
The Full Court reasoned that the evidence before the single judge, including medical reports and B's own testimony, was sufficient to establish the necessary facts for an award of criminal injuries compensation. The court applied the principles governing the admissibility and sufficiency of evidence in criminal injuries compensation claims, holding that the single judge had not made an error of law in their assessment. The appeal was therefore dismissed.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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