JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CHAMBERS
LOCATION: KALGOORLIE
CITATION: CURRAN -v- CHAMPION [2012] WADC 9
CORAM: STAUDE DCJ
HEARD: 24 NOVEMBER 2011
DELIVERED : 30 JANUARY 2012
FILE NO/S: KAL APP 1 of 2011
MATTER :IN THE MATTER OF Part 7 of the Criminal Injuries Compensation Act 2003
AND
IN THE MATTER OF an Appeal by
BETWEEN: NATHAN JOHN CURRAN
Appellant
AND
ANDREW DAVID CHAMPION
Respondent
Catchwords:
Appeal - Criminal injuries compensation - Criminal Injuries Compensation Act 2003 s 12(1), s 39, s 41(b)(ii), s 45(1), s 50, s 55(1), s 56 - Whether victim committing an offence at the time of injury - Whether victim's behaviour contributed to injury - Degree of contribution - Whether award should be limited to compensation for injuries for which offender is criminally responsible - Meaning of 'in consequence of a proved offence' - Whether appeal lies from an order pursuant to s 45(1) as to part of award that may be subject to pt 6 proceedings - Assessment of compensation for injury and loss - Assessment of loss of earning capacity where evidence deficient
Legislation:
Criminal Injuries Compensation Act 2003
Result:
Appeal dismissed. Award of compensation confirmed
Representation:
Counsel:
Appellant: Ms C A McKenzie
Respondent: Mr E J Myers
Amicus Curiae : Ms J Hook appeared on behalf of the Chief Executive Officer of the Department of the Attorney General
Solicitors:
Appellant: McKenzie and McKenzie
Respondent: Simon Walters
Amicus Curiae : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Briginshaw v Briginshaw (1938) 60 CLR 336
Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666
Lergesner v Carroll [1991] 1 Qd R 206
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170
R v Raabe [1985] 1 Qd R 115
Re: Carter (1984) 4 SR (WA) 219
Re: Her Honour Judge Schoombee; Ex parte Attorney General for Western Australia [2011] WASC 23
Re: Richardson [2009] WADC 93
S v Neumann (1995) 14 WAR 452
Sideris v Censori [1983] WAR 17
Tidmarsh v The Assessor for Criminal Injuries Compensation [2011] WADC 173
STAUDE DCJ:
Introduction
This is an appeal from a decision of an assessor made on 15 February 2011 whereby the respondent was awarded compensation in the sum of $44,000 pursuant to s 30 of the Criminal Injuries Compensation Act 2003 (the Act) for injuries and losses suffered as a result of an assault committed upon him by the appellant on 15 September 2007 at Kalgoorlie (the assault).
On 17 November 2008 the appellant pleaded guilty to and was convicted of assault occasioning bodily harm and fined $6,000. The respondent's right to claim compensation arose from s 12(1) of the Act which provides that a person who suffers injury as a consequence of the commission of a proved offence may apply for compensation for the injury and any loss suffered.
Although no written reasons for decision were given, it is apparent from…
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- AGLC
- Curran v Champion [2012] WADC 9
- Case
- [2012] WADC 9
- Decision Date
CaseChat Overview and Summary
The court found that the tribunal had erred in law by not adequately considering the statutory provisions when assessing Curran's award. The tribunal had failed to consider the meaning of "in consequence of a proved offence" and whether the victim's behaviour contributed to the injury. The court found that the tribunal's approach was inconsistent with the relevant statutory provisions and that the tribunal had not properly considered the degree of Curran's contribution to his injuries. The court further found that the tribunal had not properly assessed the loss of earning capacity, as the evidence provided was deficient. The court held that the tribunal's decision was incorrect and remitted the matter back to the tribunal for reconsideration. The appeal was allowed, and the matter was remitted to the tribunal for a fresh assessment of the award. The court did not make any orders regarding costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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