B v B

In the Supreme Court of Western Australia, Barker J heard an application for criminal injuries compensation under the Criminal Injuries (Compensation) Act 1970 (WA) by the applicant, a man now aged 36, who was sexually abused by the respondent over a three-year period in his childhood. The applicant sought compensation in respect of the 12 sexual offences committed against him. The primary legal issue was whether the applicant's injuries were a consequence of the respondent's offences and if so, whether the principle of apportionment applied. The court found that the applicant's mental and nervous shock, including significant personality disorders and major depressive illness, were a direct result of the respondent's offences and awarded the statutory maximum compensation of $29,000. The court rejected the notion of apportionment, holding that once a causal relationship was established, the applicant was entitled to full compensation. The court also ordered costs against the respondent, to be determined at a later date.