Jenkins v Victims Compensation Fund Corporation [2000] NSWDC 7

Jenkins v Victims Compensation Fund Corporation [2000] NSWDC 7

The intruders' unlawful entry into the applicant's home, in circumstances causing fear and apprehension of harm to herself or her child, constituted violent conduct against her occurring in the commission of an offence and therefore an act of violence under s 5 of the Victims Compensation Act 1996; physical contact or an express threat was not required. The Chairperson misdirected himself by treating the absence of such conduct as fatal.

Jurisdiction
Australia
Judgment Date
25 August 2000
Procedural Posture
Application for Leave to Appeal Against a Determination of the Chairperson of the Victims Compensation Tribunal / District Court Determination of Notice of Motion and Appeal
Outcome
Leave to appeal granted; appeal upheld; matter remitted to the Tribunal for further determination; costs ordered in favour of the appellant.
Legal Topics
['act of Violence' 'violent Conduct' 'apprehended Violence' 'home Invasion' 'victims Compensation Act 1996 S 5']
['victims Compensation' 'statutory Interpretation'] ['act of Violence' 'violent Conduct' 'apprehended Violence' 'home Invasion' 'victims Compensation Act 1996 S 5']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal Against a Determination of the Chairperson of the Victims Compensation Tribunal / District Court Determination of Notice of Motion and Appeal

Legal Issues

  1. 1 ["Whether a home invasion in which intruders entered the applicant's dwelling and caused fear amounted to an act of violence under s 5(1)(b) of the Victims Compensation Act 1996." 'Whether violent conduct under s 5 requires physical contact, physical injury, oral threats, gestures, weapons, or other direct assaultive conduct.' 'Whether the Chairperson misdirected himself in interpreting what constitutes an act of violence.']

Ratio Decidendi

The intruders' unlawful entry into the applicant's home, in circumstances causing fear and apprehension of harm to herself or her child, constituted violent conduct against her occurring in the commission of an offence and therefore an act of violence under s 5 of the Victims Compensation Act 1996; physical contact or an express threat was not required. The Chairperson misdirected himself by treating the absence of such conduct as fatal.

Court Disposition

Leave to appeal granted; appeal upheld; matter remitted to the Tribunal for further determination; costs ordered in favour of the appellant.

Orders

  • ['Leave to appeal granted.' 'Appeal upheld.' 'The matter is remitted to the Tribunal for further determination to be dealt with in accordance with the decision of the District Court on the question of law concerned.' "The Tribunal is to pay the appellant's costs of this application." 'Identical orders made in the...