Jennings v Commissioner of Police

In *Jennings v Commissioner of Police* [1994] NSWCA 154, the New South Wales Court of Appeal considered an appeal by the applicant, Jennings, against a decision of the Supreme Court of New South Wales. The dispute concerned the applicant's entitlement to compensation under the *Criminal Injuries Compensation Act 1967* (NSW) for injuries sustained during an incident involving police officers.

The primary legal issue before the Court of Appeal was whether the applicant's injuries, sustained during a lawful arrest, were "criminally inflicted" within the meaning of the Act. Specifically, the Court had to determine if the actions of the police officers, even if lawful, could constitute an act of violence for which compensation could be awarded under the legislation.

The Court of Appeal held that the Act was intended to compensate victims of criminal acts, and that the actions of police officers, even if they resulted in injury during a lawful arrest, did not fall within the definition of a "criminal act" as contemplated by the legislation. The Court reasoned that the purpose of the Act was to address injuries inflicted by offenders committing criminal offences, not injuries arising from the lawful execution of police duties. Consequently, the appeal was dismissed.