Elcham v. Forster

The case of Elcham v. Forster is an application for compensation under the Criminal Offence Victims Act 1995, brought by Peter Boutros Elcham against Warren Leslie Forster. Elcham intervened to disarm Forster during an assault, and in doing so, suffered superficial lacerations and mental trauma. The dispute revolves around the extent of Elcham's injuries and their impact on his life, as well as the appropriate level of compensation to be awarded.

The court was required to determine the severity of Elcham's injuries, both physical and psychological, and to assess the appropriate compensation under the Act. The physical injuries were deemed minor, with no long-term effects, while the psychological impact was evaluated based on expert medical testimony. The court had to weigh the evidence and decide on the appropriate level of compensation, considering the nature and extent of the injuries.

The court found that Elcham's physical injuries were minor, warranting a one per cent compensation, while his psychological injuries were more significant but still within the minor range, warranting a five per cent compensation. The total compensation awarded was six per cent of the maximum amount, which resulted in a $4,500 award to Elcham. The court considered the evidence and expert opinion in reaching its decision, and ultimately made an order for the specified compensation amount.