Kennedy v Faafeu

The case of Kennedy v Faafeu involved Roy Stanley Kennedy, the applicant, and Saulo Aminatapu Faafeu, the respondent. Kennedy sought criminal injury compensation for grievous bodily harm he sustained in an incident involving Faafeu. The injuries included a fractured face, significant bruising and laceration, and a recurrence of a pre-existing injury, along with claims of mental or nervous shock. The matter was heard in the Supreme Court of Queensland.

The central legal issue before the court was whether the injuries claimed by Kennedy were severe enough to warrant criminal injury compensation, considering the pre-existing injury and the nature of the claimed mental or nervous shock. The court had to assess the extent to which Faafeu's actions contributed to Kennedy's injuries and whether those injuries met the threshold for compensation under the Criminal Injury Compensation scheme. The court also needed to consider whether the mental or nervous shock was a direct result of the incident with Faafeu or exacerbated by the pre-existing condition.

In determining the matter, the court examined the evidence presented regarding the extent and severity of Kennedy's injuries. It found that Kennedy's facial fracture and the accompanying bruising and laceration were significant injuries that qualified under the compensation scheme. Despite the presence of a pre-existing injury, the court determined that Faafeu's actions aggravated the pre-existing condition and directly caused the new injuries. The court also acknowledged the impact of mental or nervous shock, concluding it was a foreseeable result of the grievous bodily harm inflicted. Consequently, the court found Faafeu liable for the full extent of the injuries sustained by Kennedy.

The court ordered Saulo Aminatapu Faafeu to pay Roy Stanley Kennedy the sum of $28,500 as criminal injury compensation for the grievous bodily harm suffered.