Sunderland v Curnack

In the Supreme Court of Western Australia, Linda Kaye Sunderland applied for compensation under the Criminal Injuries (Compensation) Act 1970 for injuries she suffered as a result of criminal offences committed by Lawrence Joseph Curnack. The offences, which were nine in total, were said to have occurred between August 1970 and August 1973. Curnack was convicted of the offences on his own plea of guilty on 5 August 1999. The court was required to decide whether the applicant was entitled to compensation under the Act, and if so, how much compensation she should receive. The court considered the evidence and concluded that the applicant had suffered bodily harm and both mental and nervous shock as a direct consequence of the commission of the offences. The court noted that the Act limited the amount of compensation that could be awarded to $2,000.00 for each offence. However, the court also noted that it would have awarded a larger sum if it had not been for the limitation prescribed by the Act. The court awarded the applicant $18,000.00 in compensation, being the maximum amount applicable to the nine offences the subject of the indictment on which the respondent was convicted. The respondent was also ordered to pay the applicant's costs of the application.