BOSCH -v- LOEPER [1999] WASC 255

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASC 255
Case No:	MCS:62/1999	Heard:	25 NOVEMBER 1999
Coram:	SCOTT J	Delivered:	15/12/99
No of pages:	7	Judgment Part:	1 of 1
Result:	Applicant awarded maximum allowable under the Act
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Parties:	ERIC EUGENE BOSCH PETER JOHN LOEPER
Catchwords:	Application for compensation under provisions of the Criminal Injuries Compensation Act 1970 Maximum award available under the Act Indecent dealings with child under the age of 14 years
Legislation:	Criminal Injuries Compensation Act 1970
Case References:	BMW v RLW, unreported; SCt of WA (Kennedy J); Library No 4614; 23 August 1995 KLH v Dennison, unreported; SCt of WA (Burt CJ); Library No 5172; 6 December 1983 M v J, unreported; SCt of WA (Scott J); Library No 920598; 19 November 1992 P v C, unreported; SCt of WA; Library No 920055; 23 January 1992 A v D (19911 WAR 481 The Applicant v Larkin, Withnell and Wilkinson [1976] WAR 199 B v S, unreported; SCt of WA (Murray J); Library No 950223; 10 May 1995 B v W (1989) 6 SR(WA) 79 Bonovich v Radovanovic [1981] WAR 291 Fagan v The Crimes Compensation Tribunal (1982) 150 CLR 666 Glover v Van Den Ancker, unreported; DCt of WA (Muller DCJ); Library No 4962; 20 June 1996 Maher, unreported; DCt of WA; Library No 5124; 1996 MLB v Wilkinson, unreported; SCt of WA; Library No 4738; 1982 O v J, unreported; SCt of WA (Wallwork J); Library No 920027; 13 February 1992 Patorniti v Silvestro, unreported; SCt of WA; Library No 970325; 1997 R v Fraser (1975) 2 NSWLR 521 R vWright [1971] Qd R 153 RJE v Bandy, unreported; SCt of WA (Burt CJ); Library No 5489; 31 May 1974 S v Neumann (1995) 14 WAR 452 Sideris v Censori [1983] WAR 17 Wootton, unreported; SCt of WA; Library No 4172; 1981

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : BOSCH -v- LOEPER [1999] WASC 255 CORAM : SCOTT J HEARD : 25 NOVEMBER 1999 DELIVERED : 15 DECEMBER 1999 FILE NO/S : MCS 62 of 1999 BETWEEN : ERIC EUGENE BOSCH

Applicant

AND

PETER JOHN LOEPER

Respondent

Catchwords:

Application for compensation under provisions of the Criminal Injuries Compensation Act 1970 - Maximum award available under the Act - Indecent dealings with child under the age of 14 years

Legislation:

Criminal Injuries Compensation Act 1970

Result:

Applicant awarded maximum allowable under the Act

(Page 2)

Representation:

Counsel:

Applicant : Mr J J Scudds

Respondent : Mr R F C Ioppolo

Solicitors:

Applicant : J J Scudds & Associates

Respondent : State Crown Solicitor

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

BMW v RLW, unreported; SCt of WA (Kennedy J); Library No 4614; 23 August 1995
KLH v Dennison, unreported; SCt of WA (Burt CJ); Library No 5172; 6 December 1983
M v J, unreported; SCt of WA (Scott J); Library No 920598; 19 November 1992
P v C, unreported; SCt of WA; Library No…

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 Bosch v Loeper

Details

AGLC: Bosch v Loeper [1999] WASC 255
Case: [1999] WASC 255
Decision Date

CaseChat Overview and Summary

The Supreme Court of Western Australia heard an application by Eric Eugene Bosch against Peter John Loeper under the provisions of the Criminal Injuries Compensation Act 1970. The respondent, Loeper, had pleaded guilty to multiple counts of indecent dealings with a child under 14 years, including acts against the applicant Bosch between 1979 and 1981. Bosch sought compensation for the severe psychological and physical harm caused by these acts, as evidenced by various medical reports detailing long-term effects such as depression, anxiety, and impaired relationships.

The court needed to determine whether Bosch was entitled to the maximum compensation allowable under the Act, considering the nature and impact of the crimes. The statutory maximum compensation for such offences was either $7,500 or $30,000. The court examined the reports and testimonies to assess Bosch's damages and whether they warranted the maximum award. Legal precedents indicated that while the maximum compensation was a jurisdictional limit, it was not reserved only for the worst cases. Instead, compensation should be assessed based on ordinary tortious principles, and if the calculated damages exceeded the statutory maximum, the maximum should be awarded.

Scott J concluded that Bosch had demonstrated significant and lasting harm from Loeper's conduct, which warranted the maximum allowable compensation. The court awarded Bosch $30,000, acknowledging that this amount was well below what Bosch's actual damages might warrant on tortious principles, considering factors such as the delay in the case coming to light and the lack of provision for inflation in the compensation. The court also noted that the award did not cover additional out-of-pocket expenses Bosch had incurred. The decision was made with the understanding that compensation was part of Bosch's healing process and a recognition of the serious impact of childhood sexual abuse.

Orders