R v Meakin (No. 4) [2017] NSWSC 999

R v Meakin (No. 4) [2017] NSWSC 999

Marie and Terence McEvoy are aggrieved persons under the Victims Rights and Support Act 2013 (NSW) and have established losses causally connected to the offence for which the Defendant was convicted. The sums claimed are reasonable and are to be compensated in accordance with the Act, notwithstanding the Defendant's asserted impecuniosity.

Jurisdiction
Australia
Judgment Date
27 July 2017
Procedural Posture
Criminal / Post Conviction; Compensation Application
Outcome
Order made for compensation to victims; suspended pending expiration/determination of Notice of Intention to Appeal.
Legal Topics
['victims Compensation' 'murder' 'funeral Costs' 'loss of Wages' 'impecuniosity of Defendant']
['criminal Law'] ['victims Compensation' 'murder' 'funeral Costs' 'loss of Wages' 'impecuniosity of Defendant']

Case Brief

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Procedural Posture

Criminal / Post Conviction; Compensation Application

Legal Issues

  1. 1 ['Whether Marie and Terence McEvoy are eligible as aggrieved persons under the Victims Rights and Support Act 2013 (NSW) for compensation' 'Whether the losses claimed (funeral expenses and loss of wages) are compensable under the Act' "Whether the defendant's impecuniosity is a relevant consideration for declining to make an order"]

Ratio Decidendi

Marie and Terence McEvoy are aggrieved persons under the Victims Rights and Support Act 2013 (NSW) and have established losses causally connected to the offence for which the Defendant was convicted. The sums claimed are reasonable and are to be compensated in accordance with the Act, notwithstanding the Defendant's asserted impecuniosity.

Court Disposition

Order made for compensation to victims; suspended pending expiration/determination of Notice of Intention to Appeal.

Orders

  • ['Order that the sum of $25,792 be paid out of the property of the Defendant to Marie McEvoy by way of compensation for loss sustained by reason of the offence.' 'Order that $10,147 be paid out of the property of the Defendant to Terence McEvoy by way of compensation for loss sustained by reason of the offence.']