VMH by her next friend The Public Trustee v JAB

The appeal before the court involved the quantum of criminal injuries compensation awarded to VMH, a woman with intellectual disability, who was the victim of certain offences. The matter was heard by the Supreme Court of Victoria, which had previously assessed her compensation. The appeal was brought by the Public Trustee, acting on behalf of VMH, against the decision of the first instance court. The focus of the appeal was the adequacy of the compensation awarded, considering the severity and impact of the offences on VMH.

The court was tasked with determining whether the original assessment of the quantum of compensation was appropriate. The key issues included whether the trial judge had erred in failing to consider the full extent of the harm caused to VMH and whether the compensation award was commensurate with the harm suffered. Additionally, the court examined whether the trial judge appropriately took into account VMH's intellectual disability in assessing the quantum of compensation.

The court found that the original assessment of the compensation award did not adequately reflect the harm caused to VMH. The appeal court emphasised the importance of considering the full extent of the harm, including both the proved and alleged offences, in assessing the quantum of compensation. The court also highlighted the need to consider the specific circumstances of VMH, including her intellectual disability, which exacerbated the impact of the offences. As a result, the court allowed the appeal and increased the award to $72,420. This decision underscores the importance of a thorough and nuanced approach to assessing criminal injuries compensation, particularly in cases involving victims with intellectual disabilities.