McFawn v Thompson

In the case of McFawn v Thompson, the applicant, McFawn, sought compensation from the respondent, Thompson, who was convicted of two separate rapes committed against her in 1977. McFawn argued that she suffered physical injuries, post-traumatic stress disorder, and episodes of anxiety as a result of the rapes and sought compensation for these injuries. The primary issue before the court was which legislative provision should apply to the compensation claim, considering the delay in the application. Additionally, the court needed to determine whether McFawn could recover separate amounts of compensation for each offence committed against her.

The court considered the legislative provisions in place at the time of the offences and the subsequent application for compensation. It was noted that there were two distinct legislative provisions that could potentially apply to the applicant's claim. The court held that the legislative provision in force at the time of the application for compensation should apply, rather than the one in force at the time of the offence. This was due to the principle of legality, which requires that criminal laws be certain and unambiguous. The court further held that McFawn could recover separate amounts of compensation for each offence, as the injuries sustained from each offence were distinct and separable.

The court ordered that the respondent, Thompson, pay the applicant, McFawn, the sum of $10,000 by way of compensation for the injuries she suffered as a result of the offences of which he was convicted. The court also ordered that the respondent pay the applicant's costs of and incidental to the application. This decision provides guidance for future cases involving delayed applications for criminal compensation and the recoverability of compensation for multiple offences.