Re Faengsungnoen

The appellant in this matter sought compensation for a criminal injury under the provisions of the Criminal Injuries Compensation Act 2004. The appellant claimed to have suffered physical and psychological injuries following an incident of armed robbery. The decision of the respondent, the State of Victoria, to refuse the application for compensation was appealed to the Supreme Court of Victoria. The court was required to determine whether the appellant had suffered an injury, and whether the injury was caused by a crime of violence, as required under the Act.

The court found that the appellant had indeed suffered a physical injury, but that the evidence provided was insufficient to show that the injury was caused by the crime of violence. The court found that the appellant's evidence was not corroborated by any independent evidence, and that the appellant's own account of the incident was inconsistent with the evidence of other witnesses. The court found that the appellant had failed to establish the necessary causal link between the injury and the crime of violence, and that the application for compensation must therefore be dismissed.

The court dismissed the appeal, finding that the respondent's decision was correct. The court noted that the appellant had not provided any independent evidence to support their claim, and that the appellant's own account of the incident was inconsistent with the evidence of other witnesses. The court found that the appellant had not discharged the onus of proving that the injury was caused by a crime of violence, and that the application for compensation must therefore be dismissed. The appeal was dismissed with costs.