WHG v LJC

WHG filed an application for criminal compensation against LJC, following LJC's conviction of sexual assault in the District Court at Brisbane. WHG claimed psychological symptoms and other adverse impacts stemming from the offence. The court was tasked with determining whether WHG's psychological symptoms, which did not constitute a post-traumatic stress disorder, qualified as "mental or nervous shock" for compensation purposes. Additionally, the court had to assess whether the scope of "mental or nervous shock" extends beyond a recognisable psychiatric illness and whether WHG was entitled to compensation for the adverse impacts under regulation 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld).

The court considered the nature and extent of WHG's psychological symptoms and their impact on WHG's life. It examined the definition of "mental or nervous shock" and whether it encompassed psychological symptoms not amounting to a recognised psychiatric illness. The court also assessed the adverse impacts listed under regulation 1A(2) and whether they were sufficiently connected to the offence to warrant compensation. After evaluating the evidence and submissions, the court concluded that WHG's psychological symptoms and adverse impacts were sufficient to warrant compensation under the Criminal Offence Victims Act 1995 (Qld).

The court awarded WHG compensation of $13,500, finding that the psychological symptoms and adverse impacts met the criteria for compensation. The court determined that the term "mental or nervous shock" was not limited to recognisable psychiatric illnesses and could encompass a broader range of psychological impacts. The adverse impacts listed under regulation 1A(2) were also found to be eligible for compensation where they were directly linked to the offence. The court's decision underscores the importance of recognising the full spectrum of harm caused by criminal offences and the need for appropriate compensation for victims.