RK v Mirik

In the case of RK v Mirik, the applicant sought compensation under the Sentencing Act 1991 from two offenders, who had been convicted of intentionally causing serious injury and rape. The victim suffered very serious pain and suffering as a result of the crimes. Both offenders were currently serving prison sentences and were unable to pay any compensation. The court had to determine whether and to what extent the victim was entitled to compensation, considering the offenders' financial circumstances.

The primary legal issues before the court were whether the discretion to consider the financial circumstances of the offenders could be applied both when making the order and determining the amount, and in what circumstances the victim's interests could be given greater weight. The court had to balance the principle that crimes compensation was intended for straightforward cases with the modern scheme for victims’ compensation, and determine whether ordering less than full compensation could be justified to avoid over-compensation where the victim's claims had not been fully tested. The court also considered whether the fact that the crimes were committed by co-offenders should be a distinguishing factor.

The court found that the discretion to consider the offenders' financial circumstances could be relevant both to making the order and determining the amount. It was noted that the victim's interests could be given greater weight in cases where the offenders had no capacity to pay and where the victim's claims had not been fully tested. The court concluded that ordering less than full compensation was appropriate in this case, to avoid over-compensation. The court distinguished this case from those involving co-offenders, emphasising the victim's common law right of personal inviolability and human right of personal integrity. The court ordered a substantial, but reduced, amount of compensation for the victim.

The court ordered that the offenders pay compensation to the victim in the amount of $150,000, recognising the serious nature of the crimes and the victim's suffering, while also taking into account the offenders' inability to pay and the principles of the modern victims' compensation scheme.