Tanner v Smart

Tanner and others, as parents and brother of a manslaughter victim, sought compensation under the Sentencing Act 1991 (Vic) from Smart, the offender who had killed their family member. The deceased's body was never found, which compounded the family's suffering and grief. They argued that Smart's refusal to acknowledge responsibility, the lengthy curial process, and the inadequate information about Smart's financial circumstances exacerbated their emotional distress. The court had to determine whether these factors warranted a sentence under section 85B of the Sentencing Act.

The court needed to decide whether the circumstances surrounding the offence, particularly the failure to locate the body, could be considered in determining an appropriate compensation order. It also had to consider whether Smart's refusal to acknowledge responsibility and the length of the legal process constituted additional aggravating factors. Furthermore, the court needed to assess whether the lack of information about Smart's financial circumstances impacted the family's ability to seek compensation.

The court held that the circumstances surrounding the offence, including the failure to locate the body, were significant aggravating factors. It found that Smart's refusal to acknowledge responsibility and the lengthy curial process also contributed to the family's pain and suffering. Additionally, the court noted that the lack of information about Smart's financial circumstances made it difficult to assess an appropriate compensation order. The court ordered Smart to pay a specific amount in compensation to the family, reflecting the severity of the aggravating factors and the need for finality in the matter.

The court's final orders required Smart to pay a total of $100,000 to the family of the deceased. This amount was intended to compensate for the pain and suffering, grief, and continuing emotional distress caused by the failure to locate the body, Smart's refusal to acknowledge responsibility, the lengthy curial process, and the inadequate information about Smart's financial circumstances. The compensation order aimed to provide some measure of finality and recognition of the family's loss and suffering.