R v Browne, ex parte Nairn

The applicant, Nairn, applied to the Court for criminal injury compensation after suffering an above-elbow amputation of his left arm due to an offence committed by the respondent, Browne. The application was heard in the relevant court, which was tasked with determining whether the applicant was entitled to compensation under the applicable criminal injury compensation legislation.

The primary legal issues before the court were whether the applicant's injuries qualified as "serious injury" within the meaning of the legislation and, if so, whether the applicant was entitled to compensation and, if so, the appropriate amount. The court had to consider the severity of the injuries and the impact they had on the applicant's life, as well as any mitigating factors that might affect the compensation award.

The court found that the applicant's injuries were indeed serious, as they resulted in the permanent loss of his left arm. The court considered the significant impact these injuries had on the applicant's ability to work, engage in daily activities, and maintain his quality of life. The court concluded that the applicant was entitled to compensation and ordered the respondent to pay $100,000 as compensation for the injuries suffered. Additionally, the court ordered the respondent to pay the applicant's costs of and incidental to the application, to be assessed.