On Saturday, 10 September 2016, Isis Khan has chased and stabbed Wayne Greenhalegh several times with a large knife before neighbours and then police eventually were able to subdue and arrest the 19 year old who was armed with a large knife.
Are victims entitled to compensation as a result of terror attacks?
The victim has several rights in relation to his injury. He may of course sue the offender in court for a significant amount of compensation for the severing of his fingers and multiple stab wounds he received however that would be a useless exercise as it would be unlikely that Mr Khan would be able to pay any compensation and therefore, if the offender can’t afford or does not have the means to pay any compensation, then it is up to the government to step in and compensate people. This is essentially the foundation of the victims compensation scheme. A victims compensation claim is made under the Victims Rights and Support Act 2013.
Unfortunately, there has been significant erosion of victims rights and this victim, who almost lost his life and has had severed fingers, under Victims Rights and Support Act 2013 would be eligible for what is called a recognition payment for an amount of $5,000 as well as financial assistance for medical expenses and loss of wages up to $20,000.
The traumatic incident was witnessed by several other people however under normal common law rules, these people could also make a claim for nervous shock or even historically, as secondary victims however any witnesses to the incident will now only be entitled to counselling which will be paid for by the state government.
Before 2013, the victim of the stabbing injuries could expect to receive up to $50,000 however now the victim would be lucky to receive half that, and the chances are he won’t be able to have a lawyer to assist him as the Act specifically legislated the payment of legal fees to assist victims of crime.
In most circumstances though we will refer you to Victims Services as the process is designed to exclude legal representatives. If you’re unsure of your rights you should contact us, and we will see if we can assist.