Taylor v Vukovic

Taylor, the applicant, brought a claim for compensation under the Sentencing Act 1991 against Vukovic, the respondent, who had previously been convicted of an offence against Taylor. The application for compensation was filed more than six months after the respondent's conviction but less than six months after he was sentenced. Vukovic moved to have the application struck out, arguing that it was not made within the six-month period prescribed by section 86(5) of the Sentencing Act 1991.

The court was required to determine whether the six-month period within which an application for compensation must be made begins to run from the date of conviction or the date of sentencing, and whether the application in this case was timely. The court considered the plain language of the statute, the context in which the six-month period was enacted, and the practical implications of each possible interpretation. The court concluded that the six-month period begins to run from the date of conviction, not sentencing, and that the application was therefore untimely.

As the application was not made within the six-month period prescribed by the Sentencing Act 1991, the court granted the respondent's motion to strike out the application. The court found that the applicant had failed to comply with a mandatory time limit for making an application for compensation, and that the application was therefore invalid. The court did not consider it necessary to address any other arguments raised by the respondent.