Farragher v Daly

The case of Farragher v Daly involved the applicant, who had suffered serious injuries to her head and face, seeking criminal compensation from the respondent who had pleaded guilty to offences of burglary and grievous bodily harm. The application was heard in the Queensland District Court, where the applicant sought compensation for the injuries she had sustained as a result of the respondent's actions.

The central legal issue that the court was required to determine was whether the applicant's claim for moderate mental or nervous shock was compensable. This involved assessing whether the descriptions of the applicant's mental state, as stated in her affidavit and to her doctor, went beyond the natural human response to a horrifying experience. The court had to consider the extent to which the applicant's mental injuries were a direct result of the respondent's criminal conduct and whether they were sufficient to warrant compensation.

The court found that the applicant's claim for moderate mental or nervous shock was indeed compensable. The descriptions provided in the affidavit and to the doctor were considered to be more than the natural human response to the horrifying experience. The court accepted that the applicant's mental injuries were a direct consequence of the respondent's actions and awarded her compensation of $42,750. The court ordered the respondent to pay this sum to the applicant pursuant to the Criminal Offence Victims Act 1995 (Qld) as amended.