Moresco v Budimir

Moresco v Budimir involves an application by the mother, father, and sister of a deceased person, seeking leave to apply out of time for a compensation order under sections 85D and 85B of the Sentencing Act 1991. The application was made in the context of a murder case where the deceased was the victim of the offender, Budimir. The applicants argued that they suffered pain and suffering and psychiatric injury as a direct result of the offending, and sought compensation. The court had to determine whether the interests of justice favoured granting a short extension of time for the application and, if so, to consider the quantum of compensation in light of the applicants' rehabilitation, and the financial circumstances of the offender.

The primary legal issue before the court was whether it should grant an extension of time to the applicants to apply for compensation under the relevant sections of the Sentencing Act. The court considered the interests of justice, including the direct consequences of the offending on the applicants, their psychiatric injuries, and the potential for rehabilitation. Additionally, the court had to assess the financial circumstances of the offender to determine an appropriate quantum of compensation.

The court concluded that the interests of justice favoured a short extension of time for the applicants to apply for compensation. It found that the applicants' pain and suffering and psychiatric injuries were a direct result of the offending. The court considered the applicants' rehabilitation and the financial circumstances of the offender in determining the quantum of compensation. The court emphasised that the compensation should reflect the direct consequences of the offending and the need for rehabilitation.

The court granted leave for the applicants to apply out of time for a compensation order and directed that the application be heard and determined on its merits. The court noted that the quantum of compensation would be determined based on the direct consequences of the offending, the applicants' psychiatric injuries, and the financial circumstances of the offender.