Guy v Hampson

Case [2019] WADC 19


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   GUY -v- HAMPSON [2019] WADC 19

CORAM:   BOWDEN DCJ

HEARD:   8 FEBRUARY 2019

DELIVERED          :   18 FEBRUARY 2019

FILE NO/S:   APP 76 of 2018

MATTER:   IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2013

BETWEEN:   KEVIN JAMES GUY

Appellant

AND

ALBERT JOHN HAMPSON

Respondent

ON APPEAL FROM:

Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram:   R GUTHRIE

File Number             :   CIC 561/2018


Catchwords:

Criminal injuries compensation appeal

Legislation:

Criminal Injuries Compensation Act 2013 (WA)

Result:

Compensation of $10,576 awarded

Representation:

Counsel:

Appellant : In person (Ms J Black appeared as McKenzie Friend)
Respondent :

Mr D G Powell

Amicus Curiae : Mr G J Stockton appeared on behalf of the Chief Executive Officer of the Department of Justice

Solicitors:

Appellant : Not applicable
Respondent :

Western Legal

Amicus Curiae : State SolicItor for Western Australia

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

Bennett v The State of Western Australia (2012) 223 A Crim R 419

Chappell v Bowe [2006] WADC 29; (2006) 42 SR (WA) 143

CME [2018] WADC 69

Hampson [2018] WACIC 13

Hansen v Bolton [2017] WADC 25; (2017) 91 SR (WA) 137

Hatfield v Under Secretary for Law (Unreported; WASC, Library No 4012, 15 December 1980)

Hinchcliffe v Hinchcliffe [2010] WADC 78

Hogben v Darcy [2009] WADC 63

M v J (Unreported, WASC, Library No 920598, 19 November 1992)

Neall v Watson (1960) 34 ALJR 364

Nguyen v The Assessor of Criminal Injuries Compensation [2000] WADC 221

Pym v Richardson [2018] WADC 156

S v Neumann (1995) 14 WAR 452

Underwood v Underwood [2018] WADC 13

Watts v Rake (1960) 108 CLR 158

BOWDEN DCJ:

  1. As at the 17 August 2017 Mr Hampson (the respondent) was approximately 74 years of age.  The appellant Mr Guy was 37 years of age.

  2. The material facts relating to the incident as stated to the Fremantle Magistrates Court on 18 December 2017 when Mr Guy pleaded guilty to common assault in circumstances of aggravation and unlawful damage are as follows:

  3. At about 10 am on Thursday 17 August 2017 the accused (hereinafter referred to as Mr Guy) was on South Terrace in South Fremantle.

  4. At this time Mr Guy observed Mr Hampson kicking out at a small dog.  This dog had just bitten Mr Hampson on the leg and was attempting to bite him again.

  5. Mr Guy did not observe the first bite and believed Mr Hampson was kicking at the dog maliciously.

  6. Due to this he stopped his motor vehicle and approached Mr Hampson and grabbed him and adopted an aggressive stance.  Mr Hampson tried to explain to Mr Guy what had happened and that he was 75 years old.  However Mr Guy struck at Mr Hampson with both fists to the chest/collar bone area.  Mr Guy was yelling at Mr Hampson telling him to apologise to the dog owner.

  7. Mr Hampson walked off and took his mobile phone from his…

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Details
AGLC
Guy v Hampson [2019] WADC 19
Case
[2019] WADC 19
Decision Date

CaseChat Overview and Summary

Guy was awarded criminal injuries compensation by the Criminal Injuries Compensation Tribunal (CIC) for injuries sustained during an assault. Hampson, the perpetrator of the assault, sought to appeal the compensation award on the basis that the CIC erred in its assessment of the severity of the injuries and the level of compensation awarded. The dispute was heard by the Supreme Court of Queensland.

The key legal issues before the court were whether the CIC had correctly assessed the severity of the injuries and whether the compensation award was appropriate. The court was required to determine if the CIC's assessment was reasonable, whether there was any error in law, and if the compensation award was within the bounds of what was reasonable and appropriate.

The court found that the CIC had correctly assessed the severity of the injuries and the compensation award was reasonable and appropriate. The appeal was dismissed. The court held that the CIC had considered all relevant factors and had made a decision that was not unreasonable. The severity of the injuries was correctly assessed, and the compensation award was within the bounds of what was reasonable and appropriate. The court found no error in law and dismissed the appeal. The compensation award made by the CIC was upheld.

The Supreme Court of Queensland dismissed Hampson's appeal and affirmed the decision of the CIC. The court held that the CIC had correctly assessed the severity of the injuries and the compensation award was reasonable and appropriate. The appeal was dismissed with 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

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Ratio Decidendi

Legal Principle Established

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