STH v LJC

STH filed an application for criminal compensation against LJC in the District Court of Queensland. STH had been the victim of a rape offence committed by LJC, which resulted in the latter's conviction. STH suffered physical injuries, including abrasions, bruising, and scratches, as well as a moderate mental or nervous shock in the form of post-traumatic stress disorder, which had persisted for about 17 months and was likely to continue indefinitely. STH also experienced adverse impacts as per regulation 1A(2) of the Criminal Victims Act 1995 (Qld). The primary legal issue before the court was the correctness of the approach taken to assess the mental or nervous shock injuries under the Civil Liability Regulation 2003 (Qld) and the Criminal Offence Victims Regulation 1995 (Qld). The court had to determine whether the method of assessing the mental or nervous shock by converting a PIRS rating to a score under the relevant schedule was appropriate.

The court considered the statutory framework and the relevant regulations to assess the mental or nervous shock injuries. It was noted that the assessment of such injuries should be based on the severity and duration of the shock. The court held that the method of assessment applied in this case was correct and consistent with the statutory provisions. The mental or nervous shock was assessed as being in the minor range. Consequently, the court determined that the compensation payable to STH should reflect the injuries sustained and the duration of the mental or nervous shock. The court ordered LJC to pay STH the sum of $21,750 as compensation for the injuries sustained as a result of the offence of rape.