Re VPAN

Case

[2011] WADC 40


Details
AGLC Case Decision Date
Re VPAN [2011] WADC 40 [2011] WADC 40

CaseChat Overview and Summary

The appellants in this matter are three siblings, V, L and T. Their biological father has been convicted of sexual offences against them and a fourth child. The siblings have applied for compensation under the Criminal Injuries Compensation Act 2003. The appeal concerns the inadequacy of the awards made by the assessor. The appeals were allowed and higher awards were substituted. The court found that V and T had been subjected to multiple acts of sexual abuse and each was awarded the maximum of $100,000. The court found that L had been subjected to one act of sexual abuse and he was awarded the maximum of $50,000. The court found that the awards made by the assessor were manifestly inadequate. The maximum awards were substituted for those made by the assessor. The appeals were allowed and the appeals were remitted to the assessor for the making of new awards. The court directed that no part of the judgment be published so as to identify the parties.
Details

Areas of Law

  • Criminal Law

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Breach of Contract

  • Unjust Enrichment

  • Causation

  • Compensatory Damages

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Cases Citing This Decision

22

Re TCJ [2024] WADC 48
Re Anderson [2022] WADC 97
Cases Cited

4

Statutory Material Cited

0

Underwood v Underwood [2018] WADC 13
Underwood v Underwood [2018] WADC 13
Re Harvey [2023] WADC 83