L v. L

L v. L involved a dispute between the parties concerning compensation under the Criminal Offence Victims Act for the trauma experienced by the applicant following the termination of her pregnancy due to a spontaneous miscarriage. This tragic event occurred after the applicant had been sexually assaulted by the respondent. The case was heard in the Supreme Court of Queensland.

The central legal issues before the court were whether the applicant's claim for compensation could be substantiated under the Act, and if so, the appropriate amount of compensation. The court needed to consider whether the miscarriage and its aftermath constituted mental or nervous shock as defined by the Act, and whether other contributing factors could diminish the respondent's liability for compensation. Additionally, the court had to examine the relevance of the applicant's history of self-harming behaviour in assessing the extent of her trauma and the resultant compensation.

The court determined that the applicant had indeed experienced mental or nervous shock due to the miscarriage, which was a direct consequence of the sexual assault by the respondent. The court held that while the applicant's prior history of self-harming behaviour was a relevant factor, it did not negate her eligibility for compensation. The court assessed the totality of the applicant's circumstances and concluded that the respondent was liable to pay compensation. After careful consideration, the court awarded the applicant $63,375.00 in compensation.

The court ordered that the respondent pay the applicant the sum of $63,375.00 as compensation for the trauma and adverse impacts she suffered as a result of the miscarriage.