Re R v Johnson; Re Burns & McKenzie

This case involves an application for criminal compensation by Maxine Linda Burns on behalf of a minor who was a victim of rape and attempted murder. The offender, Rodney John Johnson, was convicted of the offences in 1997. The applicant seeks compensation for the victim’s injuries, both physical and psychological, under Chapter 65A of the Criminal Code of Queensland. The court had to determine whether the statutory cap on compensation, as prescribed by the Workers’ Compensation Act 1916, applied to the victim’s injuries. Specifically, the court needed to assess whether the maximum compensation of $74,050, as adjusted under the Workers’ Compensation Amendment Act (No.2) 1995, was applicable given the timing of the injuries.

The court examined the relevant legislation to determine the applicable cap on compensation. The victim’s injuries were sustained in 1995, prior to the commencement of the Workers’ Compensation Amendment Act (No.2) 1995, which increased the maximum compensation amount. The court found that the maximum compensation amount applicable at the time of the injuries was $74,050, as prescribed by the Workers’ Compensation Act 1990. Despite the argument that a higher amount of $100,000 could be awarded under section 130B of the Act, the court held that this section did not come into force until 1 January 1996, after the date of the injuries. Consequently, the court determined that the statutory cap of $74,050 was the appropriate amount of compensation to be awarded to the victim.

The court ordered that the victim be awarded the statutory maximum sum of $74,050. The court further determined that a protection order should be made as part of the compensation order. This decision was based on the statutory framework governing criminal compensation and the specific circumstances of the case, including the timing of the injuries and the applicable legislative provisions. The court’s reasoning was grounded in the principles of statutory interpretation and the relevant legislative history, ensuring that the award was consistent with the law as it stood at the relevant time.