LMM v BMB

LMM brought an application against BMB, seeking compensation for injuries suffered as a result of being raped by the respondents. The applicant suffered physical injuries and developed post-traumatic stress disorder as a consequence of the offence. The applicant required ongoing treatment and suffered a loss of income due to the psychological harm inflicted. The application was heard in the District Court of Queensland. The primary legal issue before the court was whether the maximum figure for compensation for psychological harm could be recovered from each of the respondents individually, and whether this amount would exceed what would be awarded in a civil claim. The court had to balance the need for the applicant to receive adequate compensation for the harm suffered against the principle of proportionality in criminal law.

The court considered the statutory framework provided by Chapter 65A of the Criminal Code, which allows for the payment of compensation to victims of crime. The court determined that the statutory scheme did not preclude the applicant from recovering the maximum allowable amount from each respondent. The court also found that the compensation awarded under the criminal law should not be limited by what could be awarded in a civil claim, as the purposes of criminal and civil law are distinct. The court held that the applicant was entitled to recover the maximum compensation from each respondent, which was set at $20,625 for the injuries sustained. This amount reflected the totality of the harm caused and was deemed appropriate given the severity of the offence.

In conclusion, the court ordered each of the four respondents to pay the applicant $20,625 in compensation for the injuries sustained as a result of the offence. The court also ordered the respondents to pay the applicant’s costs of and incidental to the application, to be assessed. This decision ensures that the applicant receives the full compensation to which they are entitled under the criminal law, reflecting the harm caused by the respondents' actions.