sec.6Meaning of victim and harm

sec.6 Meaning of victim and harm

A victim is a person who suffers harm— because a criminal offence is committed against the person; or because the person is a family member or dependant of another person who suffers harm because a criminal offence is committed against the other person; or as a direct result of intervening to help another person who suffers harm or dies because a criminal offence is committed against the other person; or because the person is a witness of a criminal offence committed against another person. A person who is a family member or dependant of another person is a victim if the other person dies because a criminal offence is committed against the other person. Subsection (4) applies if a victim mentioned in subsection (1) (a) is pregnant when the criminal offence is committed and, as a result of the commission of the criminal offence— the person sustains a bodily injury that results in the destruction of the life of the person’s unborn child; or the person dies, resulting in the destruction of the life of the person’s unborn child. A victim includes a person who has suffered harm because the person would, if the unborn child had been born alive, have been a family member of the child. Also, a victim includes a person not mentioned in subsection (1) , (2) or (4) who suffers harm— because domestic violence is committed against the person; or because the person is a family member or dependant of a person mentioned in paragraph (a) ; or as a direct result of intervening to help a person mentioned in paragraph (a) . A person who commits a criminal offence or domestic violence against a person as mentioned in subsection (1) (a) or (5) (a) is not a victim under subsection (1) (b) , (c) or (d) , (2) , (4) or (5) (b) or (c) . For this section, a person suffers harm if, because of a criminal offence or domestic violence committed against the person— the person suffers physical, psychological or emotional harm; or bodily injury, grief, distress or trauma the person’s property is taken, destroyed or damaged; or the person suffers financial or economic loss. (sec.6-ssec.1) A victim is a person who suffers harm— because a criminal offence is committed against the person; or because the person is a family member or dependant of another person who suffers harm because a criminal offence is committed against the other person; or as a direct result of intervening to help another person who suffers harm or dies because a criminal offence is committed against the other person; or because the person is a witness of a criminal offence committed against another person. (sec.6-ssec.2) A person who is a family member or dependant of another person is a victim if the other person dies because a criminal offence is committed against the other person. (sec.6-ssec.3) Subsection (4) applies if a victim mentioned in subsection (1) (a) is pregnant when the criminal offence is committed and, as a result of the commission of the criminal offence— the person sustains a bodily injury that results in the destruction of the life of the person’s unborn child; or the person dies, resulting in the destruction of the life of the person’s unborn child. (sec.6-ssec.4) A victim includes a person who has suffered harm because the person would, if the unborn child had been born alive, have been a family member of the child. (sec.6-ssec.5) Also, a victim includes a person not mentioned in subsection (1) , (2) or (4) who suffers harm— because domestic violence is committed against the person; or because the person is a family member or dependant of a person mentioned in paragraph (a) ; or as a direct result of intervening to help a person mentioned in paragraph (a) . (sec.6-ssec.6) A person who commits a criminal offence or domestic violence against a person as mentioned in subsection (1) (a) or (5) (a) is not a victim under subsection (1) (b) , (c) or (d) , (2) , (4) or (5) (b) or (c) . (sec.6-ssec.7) For this section, a person suffers harm if, because of a criminal offence or domestic violence committed against the person— the person suffers physical, psychological or emotional harm; or bodily injury, grief, distress or trauma the person’s property is taken, destroyed or damaged; or the person suffers financial or economic loss.