Burston v Mellissant

The case of Burston v Mellissant involved a dispute over whether the respondent, who had been imprisoned for six years for unlawfully wounding the applicant with the intention to do grievous bodily harm, was liable to pay compensation to the applicant. The matter was heard in the Supreme Court of Queensland. The applicant, Burston, sought compensation for the injuries sustained, claiming that the respondent, Mellissant, was liable to compensate him for the harm caused.

The central legal issue before the court was whether the respondent, having been convicted and sentenced for the crime, was also liable to compensate the applicant under the relevant criminal injury compensation legislation. The applicant argued that despite the respondent's imprisonment, he was entitled to compensation for the injuries suffered. The court had to determine the extent of the respondent's liability for compensation and whether any mitigating factors should be considered.

The court found that the respondent was indeed liable to compensate the applicant for the injuries sustained. The court considered the severity of the injuries, the impact on the applicant's life, and the principle that a person who causes injury should compensate the victim. The court awarded compensation in the sum of $48,750, taking into account the applicant's loss of income, medical expenses, and the overall impact of the injuries on his life.