BGF v Commissioner of Victims Rights (No 2) [2015] NSWCATAD 232

BGF v Commissioner of Victims Rights (No 2) [2015] NSWCATAD 232

BGF was convicted of two counts of assault occasioning bodily harm upon the victim arising from substantially the same facts as those constituting the act of violence for which statutory compensation was awarded, thus satisfying the requirements for a relevant offence under s 58 and supporting confirmation of the restitution order under s 59 and s 67 of the Act.

Jurisdiction
Australia
Judgment Date
12 November 2015
Procedural Posture
Administrative Review / Remitted Determination After Appeal
Outcome
Restitution order confirmed
Legal Topics
['restitution Orders' 'victims Rights and Support' 'administrative Review' "definition of 'relevant Offence'"]
['victims Compensation' 'administrative Law'] ['restitution Orders' 'victims Rights and Support' 'administrative Review' "definition of 'relevant Offence'"]

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Procedural Posture

Administrative Review / Remitted Determination After Appeal

Legal Issues

  1. 1 ['Whether the applicant (BGF) had been convicted of a relevant offence as defined under s 58 of the Victims Rights and Support Act 2013' 'Whether the Commissioner properly exercised discretion to issue a restitution order under s 59 of the Victims Rights and Support Act 2013' 'Whether statutory compensation was awarded for acts of violence in respect of which the applicant was convicted']

Ratio Decidendi

BGF was convicted of two counts of assault occasioning bodily harm upon the victim arising from substantially the same facts as those constituting the act of violence for which statutory compensation was awarded, thus satisfying the requirements for a relevant offence under s 58 and supporting confirmation of the restitution order under s 59 and s 67 of the Act.

Court Disposition

Restitution order confirmed

Orders

  • ['The restitution order made against BGF on 28 August 2013 is confirmed.']