The Impact of Crime

How are victims of crime (including society as a whole) affected?

Before sentencing: Victim impact statements Justice Cummins upon retirement in 2010 stated that: “respect and concern for the rights of the victims have not been reflected in (court) outcomes” In 2011, new legislation was implemented to allow victim impact statements to be considered when handing out sentences.

After sentencing: Application to court for compensation A victim can apply for compensation for: Pain and suffering (emotional and physical) Counselling Medical expenses If the court finds the defendant guilty they may order them to pay compensation to a person who has suffered as a result of that offence.

After sentencing: VOCAT The Victims of Crime Assistance Tribunal makes awards of financial assistance to victims of acts of violence, including financial assistance for loss of earnings, the cost of long term counselling and medical and funeral expenses.

Victims of Crime There are three categories of Victims: Primary victims Secondary victims Related victims

Victims of crime Primary VictimSecondary VictimRelated victim A primary victim is a person who dies or is injured: as a direct result of an act of violence in the course of trying to arrest someone through trying to stop a crime when coming to the aid of a crime victim The maximum compensation that can be paid to a primary victim is $60,000 for counselling expenses, medical costs, damage to clothing and loss of earnings A secondary victim is a person who is present at the scene of an act of violence and is injured as a direct result of witnessing that act. A secondary victim can also be a parent or guardian of a child who is the victim of an act of violence (the primary victim) and is injured. These victims may be awarded up to $50,000 for reasonable medical expenses, counselling and loss of earnings. A related victim is a person who at the time of the act of violence: Was a close family member of Was a dependant of Had an intimate personal relationship with a primary victim The total maximum amount payable to a related victim is $50,000. A related victim can claim for: Counselling and medical expenses Distress experienced Funeral expenses Loss of money they would have been likely to have receive from the primary victim (and will not now receive as a result of the primary victim’s death) for up to two years.

John answers his door one night and is threatened by two intruders who enter his home. They demand to know the whereabouts of a safe in his house. He refuses to tell them and is severely bashed. His sister, Vivien, is in another room and hears John calling for help. As the intruders escape, Vivien is pushed to the ground breaking her arm and experiencing severe shock. At the time of the act of violence John, who was divorced, was living with his fiancée, Justine, and they had purchased the house together with each person paying $1000 a month towards the mortgage and putting aside another $500 for other expenses such as rates and insurance. John was also paying $100 a week for child support and paying his daughter’s school expenses.

Who are the primary, secondary and related victims of this crime?

After sentencing: Civil Litigation Sometimes a victim of crime may choose to pursue civil action against the offender through the courts. These can be for claims such as: Loss of enjoyment of life Suffering