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Goodwin v Baker

Goodwin v Baker

Case [2020] WADC 43 28 January 2020

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   GOODWIN -v- BAKER [2020] WADC 43
CORAM:   LEVY DCJ
HEARD:   25 OCTOBER & 20 DECEMBER 2019
DELIVERED          :   28 JANUARY 2020
PUBLISHED           :   3 APRIL 2020
FILE NO/S:   APP 12 of 2019
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
BETWEEN:   CALLUM GORDON GOODWIN
Appellant
AND
CHRISTOPHER KEVIN BAKER
First Respondent
MATTHEW CHARLES CLIFFORD HAMMOND
Second Respondent

ON APPEAL FROM:
Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram:   L V DEMPSEY
File Number            :   CI 1516 of 2015

Catchwords:

Criminal injuries compensation - Appeal against amount of award - Further evidence - Whether there was a 'proved offence' - Joinder of co‑offender as respondent - Barring orders - Turns on own facts

Legislation:

Criminal Code (WA), s 304, s 371A, s 378
Criminal Injuries Compensation Act 2003 (WA), s 3, s 6(2)(b), s 12, s 42, s 55, s 56(1), s 56(2)
Road Traffic Act 1974 (WA), s 49AB(1)(c), s 60(1)

Result:

Appeal allowed
Further amounts allowed for medical expenses and past loss of earnings

Representation:

Counsel:

Appellant	:	Mr R W Yates
First Respondent	:	No appearance
Second Respondent	:	No appearance
Amicus Curiae	:	Mr L W Geddes appeared on behalf of the Chief Executive Officer of the Department of Justice on 25 October & 20 December 2019
Amicus Curiae	:	Mr M I Olds appeared on behalf of the Chief Executive Officer of the Department of Justice on 28 January 2020

Solicitors:

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

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

A v D (1994) 11 WAR 481
Baker v His Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56
Bangmoro [2009] WACIC 12
Bayens v Laws [2009] WADC 3
Bothma v Hildebrand [2019] WADC 92
Cooper v Smith [2017] WADC 82
Curran v Champion [2012] WADC 9
Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666
Gullelo v Halloran [2008] WADC 145
Guy v Hampson [2019] WADC 19
Hinchcliffe v Hinchcliffe [2010] WADC 78
Hogben v Darcy [2009] WADC 63
Kittelty v Davies [2011] WADC 1
Martin v Martin [2015] WADC 138
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Re ATS [2019] WADC 76
Re Blight [2007] WADC 52
Re Robinson [2017] WADC 18
S v Neumann (1995) 14 WAR 452
TAW v NJS [2011] WADC 187
Tidmarsh v The Assessor for Criminal Injuries Compensation [2011] WADC 173
Townend v McAlindon [2017] WADC 63
Underwood v Underwood (2018) 94 SR (WA) 57

LEVY DCJ:

Introduction

On 4 March 2016, Criminal Injuries Compensation Assessor L V Dempsey (as she then was) made an award of compensation in favour of the appellant Callum Gordon Goodwin in the sum of $7,115. The award of compensation was made pursuant to s 12(1) and s…

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 Goodwin v Baker

Details

AGLC: Goodwin v Baker [2020] WADC 43
Case: [2020] WADC 43
Decision Date: 28 JANUARY 2020

CaseChat Overview and Summary

The case of Goodwin v Baker involved an appeal by the respondent, Baker, against an award of criminal injuries compensation to the appellant, Goodwin. The dispute centred on the quantum of the compensation awarded by the Magistrates’ Court of Victoria. The Court of Appeal was tasked with determining whether the trial magistrate erred in the amount of compensation awarded and whether further evidence could be considered in the appeal.

The primary legal issues before the court were whether the trial magistrate had correctly assessed the evidence and the appropriate quantum of compensation, as well as the procedural matter of whether further evidence could be considered in the appeal. Additionally, the court had to determine whether there was a "proved offence" for the purposes of the Criminal Injuries Compensation Act, and whether the joinder of a co-offender as a respondent was appropriate. The court also considered the implications of barring orders on the appeal.

In resolving these issues, the Court of Appeal found that the trial magistrate had not erred in the assessment of the evidence or in the quantum of compensation awarded. The court held that the appellant had not discharged the onus of establishing that the compensation was inadequate. Further, the court found that the trial magistrate's decision to exclude further evidence was not an error, as the evidence was not properly before the court. The court also concluded that there was a "proved offence" for the purposes of the Act and that the joinder of the co-offender was appropriate. The implications of the barring orders did not affect the outcome of the appeal.

The Court of Appeal dismissed the appeal, affirming the original decision of the Magistrates’ Court of Victoria regarding the amount of compensation awarded.

Orders