Compensation

[Frank Grimes]

I'm first to admit I don't have extensive knowledge of the legal system. But this article has got me thinking.

Dragged on road, then run over: Police reveal details of schoolboy’s ordeal

A group of machete-wielding teenagers went on a rampage of random attacks, where they snatched a schoolboy and dragged him along a road at high speed while he clung to the door of a stolen car, police say.

www.theage.com.au

Now the boy who suffered injuries should be able to sue for compensation for his injuries, but the problem is the offender has next to no money or possessions to compensate him with. Mostly due to his age.

If the boy who suffered these injuries decided to sue, (particularly if the suffer from his injuries for the rest of his life) is there a form of compensation where the offenders future income is deducted to compensate the victim? If not why not? Has it been considered by the legal systems/politicians previously?

 

[jason_recliner]

That's a great idea. If we don't have such a system, it should be introduced, and retrospectively.

 

[MSB ROYS]

This is not on the scale of what you are talking about but just an example of victims being left to pay.

Quite a few years ago I got my car stolen in Brisbane and it was used in a drug run and distribution. When the thief was doing a drug deal, something went wrong and he got the jack out of the back of the car and badly assaulted another person. The buyer was severely hurt and the police got involved. It turns out that stealing a car and drug dealing is not that serious, but assaulting someone while in possession of stolen car was more serious they got jail time. Now because they got jail time, that was considered enough punishment and they weren't libel for any damages.

I had to buy new number plates and then go miles away to pick up the car. The car reeked of tobacco, there were syringes and other rubbish strewn throughout the car and I also needed to clean off all of the fingerprint dust (which I remember wasn't easy). A few weeks later I had to take the car to the wrecker as it was in such poor condition (wasn't the best to start with though). I haven't totally enjoyed the gentrification of where I live, but I certainly don't miss the heroin motivated crime!

 

[Frank Grimes]

Now because they got jail time, that was considered enough punishment and they weren't libel for any damages.

I'm sorry to hear what you've been through, but the quoted part appears to indicate something wrong with the system.

I was always under the impression that compensation is a repayment to cover loss, damages, pain and suffering. Nothing to do as "punishment".

Therefore I would argue that whatever the criminal court determines as punishment shouldn't be a factor. The criminal court has a mechanism of issuing fines if they want to use money as a way of punishment.

I would have thought compensation is about so the plaintiff isn't financially disadvantaged by the actions of others.

Using your case it is unfair for you. While the perpetrator gets punished you are stuck holding the can of the damages and loss caused by that person. Doesn't seen fair or just to me even if the person was punished by the criminal court.

 

[MSB ROYS]

I'm sorry to hear what you've been through, but the quoted part appears to indicate something wrong with the system.

I was always under the impression that compensation is a repayment to cover loss, damages, pain and suffering. Nothing to do as "punishment".

Therefore I would argue that whatever the criminal court determines as punishment shouldn't be a factor. The criminal court has a mechanism of issuing fines if they want to use money as a way of punishment.

I would have thought compensation is about so the plaintiff isn't financially disadvantaged by the actions of others.

Using your case it is unfair for you. While the perpetrator gets punished you are stuck holding the can of the damages and loss caused by that person. Doesn't seen fair or just to me even if the person was punished by the criminal court.

No problem, it was quite a while ago and was just frustrating at the time as I didn't have much money. I was just trying to point out that these people leave a trail of destruction even for relatively minor things, let alone what you said in the original post.

I remember that "punishment" was what the police said but they are not the court. In the end, I was more worried that people may have known where I lived. I also remember that the police were keen that I didn't know who stole the car. Still I moved soon after!