Re ZD (pseudonym initials)

The case of Re ZD (pseudonym initials) involved an appeal by ZD against the amount of compensation awarded for psychological injuries and nervous shock resulting from the commission of offences by ZF against MR. The legal issues before the court were whether ZD was entitled to compensation under the Criminal Injuries Compensation Act, and if so, the extent of compensation for future loss of earning capacity. The court had to consider the additional evidence and information provided by the appellant and the amicus, and the statutory requirements for awarding compensation for mental and nervous shock. The court found that ZD was entitled to compensation due to the injury suffered as a consequence of the commission of the offences by ZF. The court concluded that the conditions under the Act for awarding compensation for mental and nervous shock were met. The court then assessed the extent of compensation for future loss of earning capacity, noting the inherent difficulties in assessing the future earnings of a child or young person without an established working history. The court decided to award a global or buffer amount for the future loss of earning capacity.

The court's reasoning was based on the evidence presented by MR and the statutory provisions of the Act. The court found MR's evidence credible and reliable, and not questioned by the amicus. The court determined that the jurisdictional limit for compensation was $150,000 due to the existence of multiple offences that were not related for any other reason. The court also found that MR had suffered significant psychological injuries, continuous throat infections, muscle problems, PTSD, and depression as a result of the offences. The court awarded compensation for these injuries and the future loss of earning capacity, taking into account the difficulties in assessing the future earnings of a young person without a working history. The court ordered that the compensation should be paid to ZD.