Coconut v Coconut

In the matter of Coconut v Coconut, the applicant, Warren Michael Coconut, sought compensation for injuries sustained from two separate assaults by the respondents, Jerry Coconut (deceased) and Gregory Coconut. The applicants were convicted of attempted murder and grievous bodily harm. Warren Michael Coconut suffered severe head injuries in the attacks and sought compensation for pain and suffering and nervous shock. The matter was heard in the Supreme Court of Western Australia. The legal issues before the court involved the assessment of compensation under section 663B(1) of the Criminal Code. Specifically, the court needed to determine whether the compensation could be apportioned between the two assaults and whether the applicant contributed to his own injuries. Additionally, the court considered whether payment could be ordered against each offender and if compensation could be apportioned between the joint offenders.

The court concluded that compensation could be apportioned between the two assaults based on the contribution of each to the applicant's injuries. The court held that while the applicant did not contribute to his own injuries, the compensation could still be apportioned between the joint offenders. The court awarded the applicant compensation from each respondent, taking into account the extent of their respective contributions to the injuries. The court ordered the Estate of Jerry Coconut (deceased) to pay $80,000 and Gregory Coconut to pay $72,000. The compensation was to be paid to the Public Trustee, who would hold the funds in a separate trust for the applicant. The court also ordered that the applicant's costs be taxed as between solicitor and client, with the Public Trustee paying the solicitor's costs from the funds received.