ATB v LA

The appeal, ATB v LA, was heard by the Court of Appeal of Western Australia, involving the appellant, ATB, who sought compensation for injuries sustained from two separate criminal offences under the Criminal Injuries Compensation Act 2003 (WA). ATB, the victim, originally received an award that did not include compensation for loss of earnings, prompting the appeal to this court. The primary issues before the court were whether ATB's employment termination was a direct consequence of the mental and nervous shock suffered from the offences, and whether pre-existing conditions contributed to or mitigated the injury.

The court meticulously examined the evidence regarding the causal link between the injuries and the loss of employment. It found that the mental and nervous shock suffered by ATB was severe and directly related to the offences. The court also considered whether ATB's pre-existing conditions exacerbated the situation, concluding that while these conditions were present, they did not significantly contribute to the injury. Furthermore, the court assessed whether ATB took reasonable steps to mitigate her loss, determining that she had done so.

In light of these findings, the court concluded that the initial award did not adequately reflect the extent of ATB's losses. Consequently, the appeal was allowed, and the award was increased to better compensate ATB for her loss of earnings. The court's decision underscores the importance of a comprehensive assessment of both the immediate and indirect impacts of criminal injuries on a victim's life, ensuring that compensation is fair and reflective of the true extent of harm suffered.