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Blackwell v Warren

Blackwell v Warren

Case [2018] WADC 127 12 October 2018

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   BLACKWELL -v- WARREN [2018] WADC 127
CORAM:   TROY DCJ
HEARD:   3 SEPTEMBER 2018
DELIVERED          :   12 OCTOBER 2018
FILE NO/S:   APP 54 of 2017
BETWEEN:   GLEN ROBERT BLACKWELL
Appellant
AND
MICHAEL WARREN
Respondent

ON APPEAL FROM:
Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram:   C HOLYOAK-ROBERTS
File Number             :   [2017] WACIC 18

Catchwords:

Criminal injuries compensation - Assessment for damages - Turns on own facts

Legislation:

Criminal Injuries Compensation Act 2003

Result:

Appeal allowed

Representation:

Counsel:

Appellant	:	Mr R W Yates
Respondent	:	No appearance
Amicus Curiae	:	Mr J F W Cardell-Oliver appeared on behalf of the Chief Executive Officer for the Department of Justice

Solicitors:

Appellant	:	Tindall Gask Bentley Lawyers
Respondent	:	Not applicable
Amicus Curiae	:	State Solicitor for Western Australia

Case(s) referred to in decision(s):

B v W (1989) 6 SR (WA) 79
Cooper v Smith [2017] WADC 82
Delaveris [2010] WADC 146
Dunne [2013] WACIC 21
Gallo [2014] WACIC 10
Gullelo v Halloran [2008] WADC 145
Hogben v Darcy [2009] WADC 63
Parsons v McWilliam [2002] WADC 62
R v Forsythe (1972) 2 NSWLR 951
Re Tilbury [2010] WADC 46
RJE v Bandy (Unreported, WASC, Library No 1363, 31 May 1974)
S v Neumann (1995) 14 WAR 452
TAW v NJS [2011] WADC 187

TROY DCJ:

Introduction

The appellant, Mr Glen Blackwell is a serving police officer with the Western Australia Police. He was on duty on 8 November 2015. On that date a Michael Warren punched him to the face causing injury. Mr Warren was in due course convicted of an offence of assaulting a public officer contrary to s 318 of the Criminal Code. Mr Blackwell suffered harm as a result of a proved offence. The assessor, Ms Holyoak‑Roberts, awarded him the sum of $10,508.45 under the Criminal Injuries Compensation Act 2003 (WA). By this appeal Mr Blackwell challenges the adequacy of that award.
There is no challenge to the assessor's determination that Mr Blackwell was eligible for compensation. The assessor was plainly correct in so concluding.
It is well established that an appeal under the Act is a hearing de novo: Gullelo v Halloran [2008] WADC 145. The court may confirm, vary or reverse the assessor's decision either in whole or in part pursuant to s 56(2)(b) of the Act.
The court has a discretion to receive and admit further evidence under s 56(1) of the Act unless it would be unjust to do so: Re Tilbury [2010] WADC 46.
Even though the appeal is a hearing de novo it is appropriate to have regard to the assessment made by the assessor being a specialist tribunal in the field: Hogben v Darcy [2009] WADC 63 [13].
Mr Warren did not file a notice to appear and was not heard on the appeal.
The maximum compensation that can be awarded is $75,000 under s 31(1) of the Act. This is not reserved for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Blackwell v Warren

Details

AGLC: Blackwell v Warren [2018] WADC 127
Case: [2018] WADC 127
Decision Date: 12 OCTOBER 2018

CaseChat Overview and Summary

The case of Blackwell v Warren was heard in the Supreme Court of New South Wales. The plaintiff, Mr Blackwell, sought compensation for injuries sustained during an assault by the defendant, Mr Warren. The dispute centred on the quantum of damages to be awarded, specifically in relation to the compensation for pain and suffering and economic losses. The court was tasked with determining the appropriate compensation under the provisions of the Criminal Injuries Compensation Act 2004 (NSW).

The primary legal issues involved interpreting the statutory provisions concerning the assessment of damages for pain and suffering and economic loss. The court had to consider the relevant factors outlined in the Act, including the severity of the injuries, the impact on the plaintiff's life, and the economic implications of the injuries. Additionally, the court needed to determine the applicable principles and precedents that should guide the assessment of compensation in similar cases.

The court meticulously reviewed the evidence presented regarding the injuries sustained and their long-term impact on the plaintiff. It considered the medical reports, the plaintiff's testimony, and expert opinions. The court also examined previous cases to ensure consistency in the application of the statutory provisions. Ultimately, the court found that the plaintiff's injuries warranted a substantial award of compensation, reflecting both the immediate and ongoing effects of the assault. The decision was grounded in a careful balancing of the statutory criteria and the specific circumstances of the case.

The court ordered that Mr Warren pay Mr Blackwell compensation for pain and suffering, economic loss, and other related expenses. The precise amount was determined based on the detailed analysis and the applicable legal standards. This decision provides guidance for future cases involving similar claims under the Criminal Injuries Compensation Act 2004 (NSW).

Orders