Motton v Jingle

Case

[2000] QSC 434

1 December 2000


Details
AGLC Case Decision Date
Motton v Jingle [2000] QSC 434 [2000] QSC 434 1 December 2000

CaseChat Overview and Summary

The case of Motton v Jingle involved a claim for compensation under section 663B of the Criminal Code (Qld) by the applicant, who had suffered nervous shock as a result of the respondent's conviction for sodomy. The respondent was convicted on 30 June 1988, and the applicant sought compensation for the injury sustained due to this offence. The matter was heard in a relevant court which granted the application for compensation and ordered the respondent to pay the applicant a sum of $20,000, along with the costs of the application to be assessed.

The primary legal issue before the court was whether the applicant was entitled to compensation for the nervous shock suffered due to the respondent's conviction for sodomy. This required the court to consider the provisions of section 663B of the Criminal Code (Qld) and its applicability to the facts of the case. Additionally, the court needed to determine the appropriate amount of compensation to be awarded, taking into account the extent of the injury suffered by the applicant.

In reaching its decision, the court found that the applicant was indeed entitled to compensation under section 663B of the Criminal Code (Qld). The court acknowledged that the applicant had suffered a significant injury in the form of nervous shock due to the respondent's conviction for sodomy. The court also considered the impact of the injury on the applicant's life and awarded the sum of $20,000 as compensation for the injury suffered. Furthermore, the court ordered the respondent to pay the applicant's costs of the application, which were to be assessed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Compensatory Damages

  • Criminal Liability

  • Compensation Orders

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