Re R v Thomas; Re Jack

The Supreme Court of Queensland heard an application for criminal compensation by Lorna Jack against John Conway Thomas. Jack, now aged 33, was raped by Thomas on 19 October 1987 when she was 23. Thomas was convicted of the crime on 30 March 1988 and sentenced to six years' imprisonment. The incident occurred on Mornington Island, where medical facilities are limited. Jack was treated at the local hospital after the assault. Jack experienced moderate to severe post-traumatic stress disorder following the incident, which persisted for about two months before diminishing. The court was tasked with assessing compensation based on the ordinary principles applicable to damages for personal injuries, ensuring that the award neither punishes the respondent nor places a monetary value on the violation.

The court had to consider the nature and extent of Jack's injuries and psychological reaction, and whether she contributed to her injuries. Jack was described as a forthright person who did not exaggerate her sufferings. The court found that she had recovered fully from her stress disorder and made a successful effort to return to a normal life. The court compared Jack's situation to another case where a similar compensation amount was awarded for the pain and suffering component. Ultimately, the court determined that an appropriate award for Jack's compensation was $10,000, finding that she did not contribute directly or indirectly to her injuries.

In conclusion, the court awarded Jack $10,000 in compensation for her pain and suffering, finding that she had fully recovered from her psychological injuries and made a determined effort to return to normal life. The court also ordered Thomas to pay Jack's taxed costs of and incidental to the application.