Keen v Victims Compensation Fund Corporation

In *Keen v Victims Compensation Fund Corporation* [1997] NSWCA 172, the New South Wales Court of Appeal considered an appeal by the applicant, Mr Keen, against a decision of the Victims Compensation Board. The dispute concerned the applicant's eligibility for compensation under the *Victims Compensation Act 1987* (NSW) following injuries sustained during an incident.

The primary legal issue before the Court of Appeal was whether the applicant's injuries, sustained as a result of a motor vehicle accident where the applicant was the driver and was found to be intoxicated, constituted "victim compensation" within the meaning of the Act. Specifically, the Court had to determine if the applicant's conduct, namely driving with a blood alcohol content exceeding the prescribed limit, disentitled him from receiving compensation as a "victim" under the legislation.

The Court of Appeal analysed the definition of "victim" and the circumstances under which compensation could be denied. It was held that the Act did not intend to exclude individuals who were victims of crime or other qualifying incidents merely because their own conduct may have contributed to the circumstances of the incident, provided they were not the perpetrator of a criminal act against another person. The Court reasoned that the legislative purpose was to provide compensation for victims of crime and other specified incidents, and that the applicant, despite his intoxication, was a victim of the motor vehicle accident. The Court distinguished between being a victim and being a perpetrator of a criminal act.

The Court of Appeal allowed the appeal, setting aside the decision of the Victims Compensation Board. The matter was remitted to the Board for determination according to law.