Chadwick v VCFC [2002] NSWDC 24

Chadwick v VCFC [2002] NSWDC 24

The facts show that the offender drove a vehicle at speed, with excessive revving and headlights on high beam, toward the appellant on two occasions, causing her to take evasive action for fear of injury. This conduct fits within the definitions of violent and constitutes violent conduct within s 5(1)(b) of the Victims Support and Rehabilitation Act 1996. The magistrate erred in law by interpreting violent conduct to exclude this conduct.

Parties
Appellant: Janet Chadwick; Respondent: Victims Compensation Fund Corporation
Jurisdiction
Australia
Judgment Date
15 August 2002
Procedural Posture
Appeal / Appeal From Tribunal Determination
Outcome
Appeal upheld
Legal Topics
Act of Violence, Interpretation of Violent Conduct, Application of Victims Support and Rehabilitation Act 1996
Victims Compensation Criminal Law Act of Violence Interpretation of Violent Conduct Application of Victims Support and Rehabilitation Act 1996

Case Brief

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Parties

Janet Chadwick

Appellant

Victims Compensation Fund Corporation

Respondent

Procedural Posture

Appeal / Appeal From Tribunal Determination

Legal Issues

  1. 1 Whether the conduct described constitutes an 'act of violence' within the meaning of s 5 Victims Support and Rehabilitation Act 1996
  2. 2 Whether the magistrate erred in law in interpreting 'violent conduct' to exclude the appellant's experience

Ratio Decidendi

The facts show that the offender drove a vehicle at speed, with excessive revving and headlights on high beam, toward the appellant on two occasions, causing her to take evasive action for fear of injury. This conduct fits within the definitions of violent and constitutes violent conduct within s 5(1)(b) of the Victims Support and Rehabilitation Act 1996. The magistrate erred in law by interpreting violent conduct to exclude this conduct.

Court Disposition

Appeal upheld

Orders

  • Leave to appeal granted
  • Appeal upheld