San v LJC

In the matter of San v LJC, the applicant, San, applied for criminal compensation against the respondent, LJC, under the Criminal Offence Victims Act 1995 (Qld). San suffered physical injury, a post-traumatic stress disorder to a moderate degree that was likely to persist indefinitely, and an adverse impact under regulation 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld) as a result of the offence. The respondent was convicted of one count of assault with intent to commit rape in the District Court at Brisbane on 27 August 2009. The central legal issues in this case were whether the applicant qualified for criminal compensation under the Act and, if so, the appropriate amount of compensation. The court had to consider the extent of the applicant's injuries and the impact of the offence on their life, as well as any relevant factors that might affect the compensation amount.

The court determined that San qualified for compensation under the Act as they had suffered physical injury, a post-traumatic stress disorder, and an adverse impact due to the offence. In assessing the appropriate compensation amount, the court considered the nature and severity of the injuries, the duration of the disorder, and the impact of the offence on San's life. The court also took into account the respondent's means and any relevant mitigating or aggravating factors. Ultimately, the court concluded that the appropriate compensation amount was $21,000, which the respondent was ordered to pay to the applicant.

In summary, the court found that San was entitled to compensation under the Criminal Offence Victims Act 1995 (Qld) due to the injuries and adverse impact suffered as a result of the offence committed by the respondent. The court assessed the appropriate compensation amount to be $21,000, which the respondent was ordered to pay to the applicant.