Owen v The Minister for Justice and Attorney-General

The applicant, Owen, sought an ex gratia payment under the provisions of the Criminal Offence Victims Act in light of sexual offences committed against him. The respondent, the Minister for Justice and Attorney-General, denied the application. The dispute was taken to the court, which had to determine whether the respondent was correct in denying the applicant's request for compensation for injuries sustained following the unlawful killing of his perpetrator.

The central issue before the court was whether the respondent erred in concluding that the applicant could not be compensated under section 19(2)(b) of the Act for injuries sustained following the perpetrator's unlawful killing. The applicant argued that the killing was a consequence of the sexual offences, thus warranting compensation. The respondent, however, maintained that the killing was not a consequence of the sexual offences and therefore, compensation could not be awarded.

The court found that the respondent had indeed erred in their consideration of section 19(2)(b) of the Act. The court held that the applicant's argument that the killing was a consequence of the sexual offences was plausible and needed further examination. Given this, the court set aside the decision of the respondent and remitted the matter to the Minister for further consideration according to law.

The final orders of the court were that the decision of the respondent made on 27 May 2002 is set aside, and the matter is remitted to the Minister for further consideration according to law.