Abdel-Ghani v State of Sa

The plaintiff, Mahmud Abdel-Ghani, has made two separate applications for compensation under the Criminal Injuries Compensation Act 1978. The first claim (file 613/94) arises from an incident on 26 September 1991 at Mobilong prison, where the plaintiff was allegedly assaulted by Randall Lee Thompson, resulting in head injuries. The second claim (file 612/94) pertains to an incident on 24 November 1991 at Cadell prison, where the plaintiff was allegedly assaulted by another prisoner, causing head injuries and an alleged exacerbation of a pre-existing degenerative condition in his cervical spine.

The legal issues before the court included determining whether the defendants were liable for compensation, the extent of the plaintiff's injuries, the causal connection between the alleged injuries and the offences, and the quantum of any damages. The court also needed to consider the impact of the plaintiff's conduct on the assessment of compensation under section 7(9) of the Act.

The court found that the plaintiff's conduct contributed to the commission of the offence in the first claim, leading to a 50% reduction in the compensation amount. For the first claim, the court awarded the plaintiff $1,750, taking into account the reduction for his conduct. In the second claim, the court found the plaintiff's head injury to be related to the assault but dismissed the claim for knee injury, finding the plaintiff's account of the incident to be implausible. The court awarded the plaintiff $17,000 for the head injury and related symptoms, considering the aggravation of his pre-existing degenerative condition in the cervical spine and some diminution in his earning capacity.

The court's final orders included judgment for the plaintiff for $1,750 plus costs and disbursements in the first claim and $17,000 plus costs and disbursements in the second claim. The court also made specific endorsements for the purposes of section 7(11) of the Act, noting the plaintiff's previous compensation payments and the absence of information regarding the means of the defendant in the first claim.