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Proving the offence

Compensation is only available if an offence can be proved beyond reasonable doubt. If the offender was successfully prosecuted there will be no difficulty in proving the offence [Victims of Crime Act 2001 (SA) s 22(2)].

It can happen that no offender is caught, or that someone is charged but the prosecution does not go ahead. It may even be the case that the case proceeds but it does not result in a conviction. In those cases a claim can still succeed if there is enough evidence that the victim’s injuries resulted from a crime. Independent evidence corroborating the crime will be required [s 22(3)]. This can take many forms and is not limited to eyewitness evidence.

For some cases where the offence cannot be proved a grace payment may be available, see Discretionary payments by the Attorney-General.

Proving the offence  :  Last Revised: Thu Aug 1st 2013
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.