Commentary on Sections Schedule 14: Deployment of the judiciary Section 39: Awards of aggravated damages
478.Section 39 makes clear that “aggravated damages” are distinct from exemplary damages. Aggravated damages relate to mental distress caused by the defendant’s wrongdoing which goes over and above the level of mental distress that the basic award of compensation addresses. However, they are essentially still compensatory not punitive, unlike exemplary damages. Section 39 puts this question beyond doubt in relation to the type of cases to which section 34 applies.