FYF v Commissioner of Victims Rights [2024] NSWCATAD 4
1 judgment
FYF v Commissioner of Victims Rights [2024] NSWCATAD 4
Project CitationEligibility for victim’s support – application for review of refusal to grant recognition payment – reliance on evidence of primary victim’s difficult childhood – reference to relevant material in Bugmy Bar Book
Coram: M Riordan, Senior Member
- Primary victim one of two persons fatally stabbed outside unit block – alleged offender acquitted of murder of primary victim on basis of self-defence – convicted of manslaughter of second person on basis of excessive self defence
- Initial claim for counselling and recognition payment by primary victim’s daughter refused – Assessor accepted primary victim died from act of violence under s.19 Victims Rights and Support Act 2013 but refused claim under s.44(1) on basis primary victim’s own conduct directly led to death: at [4]-[5]
- Request for internal review made on ground:
[15] …(the primary victim)’s actions did not entirely cause her death; and that consideration should be given to (her) childhood, attitude and disposition.
- Submissions included description of primary victim’s difficult childhood with relevant material from Bugmy Bar Book highlighting impact of experience of disadvantage of Aboriginal people: at [8]
- On review accepted primary victim’s actions contributed to her death but that facts of matter supported reduction not refusal of amount of recognition payment: at [41]-[42]
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