Daniel v Reeves

In the case of Daniel v Reeves, the applicant sought compensation for injuries sustained during an attempted murder incident. The first respondent was convicted of the attempted murder of the applicant, while the second respondent pleaded guilty to the same offence. The third respondent was found guilty of being an accessory after the fact. The applicant filed for criminal compensation, citing injuries from a gunshot wound to the left buttock and left groin, as well as an injury to the right shoulder, along with psychological injuries resulting from the incident and a subsequent assault. The second and third respondents did not participate in the application for compensation.

The primary legal issue before the court was whether the applicant had contributed, either directly or indirectly, to his injuries, which could result in no award or a reduced award of compensation. The court also needed to determine the appropriate amount of compensation for the applicant's physical and psychological injuries.

The court found that the applicant had not contributed to his injuries and, therefore, was entitled to compensation. It was acknowledged that the events in question and a further assault both contributed to the applicant's psychological injuries. The court awarded the applicant $31,500 in criminal compensation, considering the physical injuries, post-traumatic stress disorder, and depression. The court also ordered that the first respondent pay 80 per cent of the compensation award and the second respondent pay 20 per cent.

The court's final orders included the awarding of $31,500 in criminal compensation to the applicant and the distribution of the financial responsibility between the first and second respondents, with the first respondent bearing 80 per cent and the second respondent bearing 20 per cent of the award.