RTE v Brown

The case of RTE v Brown involved the applicant, RTE, seeking compensation from the respondent, Brown, under the Criminal Offence Victims Act 1995. The respondent had pleaded guilty to three counts of unlawful wounding against the applicant, a 10-year-old child, by injecting the child with a needle containing a morphine-based substance on three separate occasions. As a result of the assaults, the applicant suffered severe mental or nervous shock, post-traumatic stress disorder, attempted suicide, puncture wounds, and infection with hepatitis C. The applicant sought compensation for the injuries sustained.

The legal issue before the court was whether the infection with hepatitis C could be considered as an adverse impact of a sexual offence under section 1A of the Criminal Offence Victims Regulation 1995. The court needed to determine if the infection with hepatitis C was comparable to the adverse impacts of a sexual offence for the purposes of the regulation.

The court found that the infection with hepatitis C was not comparable to the adverse impacts of a sexual offence under section 1A of the Criminal Offence Victims Regulation 1995. However, the court awarded the applicant $75,000 by way of compensation against the respondent under the Criminal Offence Victims Act 1995 for the injuries sustained.