Seaton v Lenoy

In the matter of Seaton v Lenoy, the respondent was convicted of unlawful wounding of the applicant. The applicant filed an application for compensation under the Criminal Offence Victims Act 1995 (Qld), outside the limitation period. The applicant lived in a remote community and was unaware of the ability to seek compensation. The applicant also suffered from a serious injury as a result of the attack, and was unaware of the psychological impact of the attack until after the expiration of the limitation period.

The court was required to determine whether the applicant's unawareness of the ability to seek compensation and the diagnosis of the psychological injury were "material factors of a decisive character" that could justify an extension of the limitation period. The court also needed to consider whether the applicant's circumstances were exceptional enough to warrant an extension of the limitation period.

The court found that the applicant's unawareness of the ability to seek compensation was not a "material factor of a decisive character" that could justify an extension of the limitation period. The court held that the applicant's unawareness did not prevent her from seeking legal advice or taking steps to enforce her rights. The court also found that the diagnosis of the psychological injury was not a "material factor of a decisive character" that could justify an extension of the limitation period. The court held that the applicant's unawareness of the psychological injury did not prevent her from seeking legal advice or taking steps to enforce her rights.

The application for leave to appeal was refused.