PP v DD (No 2) [2021] NSWSC 1312

PP v DD (No 2) [2021] NSWSC 1312

The Court found the defendant had committed the sexual assaults, that the plaintiff did not suffer a psychiatric illness immediately after the assaults but developed depression and anxiety many years later as a consequence of the assaults and subsequent court proceedings, and that the plaintiff was entitled to compensatory and aggravated damages. The Court assessed damages for pain and suffering, past and future economic loss, future medical expenses, superannuation, aggravated damages, and interest, arriving at a total sum of $1,273,125.

Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
['sexual Assault' 'trespass to the Person' 'assault and Battery' 'assessment of Damages' 'aggravated Damages']
['torts'] ['sexual Assault' 'trespass to the Person' 'assault and Battery' 'assessment of Damages' 'aggravated Damages']

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Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendant committed the alleged sexual assaults against the plaintiff' 'Whether the sexual assaults caused the plaintiff psychiatric injury and economic loss' 'Quantum of damages for sexual assault in civil proceedings']

Ratio Decidendi

The Court found the defendant had committed the sexual assaults, that the plaintiff did not suffer a psychiatric illness immediately after the assaults but developed depression and anxiety many years later as a consequence of the assaults and subsequent court proceedings, and that the plaintiff was entitled to compensatory and aggravated damages. The Court assessed damages for pain and suffering, past and future economic loss, future medical expenses, superannuation, aggravated damages, and interest, arriving at a total sum of $1,273,125.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of $1,273,125.' "The defendant is to pay the plaintiff's costs."]