Legal Research
Cases
Hansen v Bolton

Hansen v Bolton

Case [2017] WADC 25 27 February 2017

No judgment structure available for this case.

Type to search within this case.

HANSEN -v- BOLTON [2017] WADC 25

Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2017] WADC 25
Case No:	APP:30/2016	Heard:	18, 25 & 31 JANUARY 2017
Coram:	HERRON DCJ	Delivered:	27/02/17
Location:	PERTH
No of pages:	40	Judgment Part:	1 of 1
Result:	Appeal allowed and compensation awarded
PDF Version

Parties:	LAWRENCE MAXWELL HANSEN GRAHAM BOLTON
Catchwords:	Criminal injuries compensation Shooting incident Secondary victim Post-traumatic stress disorder Delay Whether a separate offence committed
Legislation:	Criminal Injuries Compensation Act 2003 s 9, s 35(2)(c), s 39(1)(b) Liquor Control Act 1988
Case References:	Devos v James [2009] WADC 161 Hutching v Lachlan [2012] WADC 89 JY [2013] WADC 187 MJN v MAJS (2003) 35 SR (WA) 219 PK [2013] WACIC 24 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WADC 136

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CRIMINAL

LOCATION : PERTH CITATION : HANSEN -v- BOLTON [2017] WADC 25 CORAM : HERRON DCJ HEARD : 18, 25 & 31 JANUARY 2017 DELIVERED : 27 FEBRUARY 2017 FILE NO/S : APP 30 of 2016 MATTER : IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003 BETWEEN : LAWRENCE MAXWELL HANSEN

Appellant

AND

GRAHAM BOLTON

Respondent

ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : ASSESSOR L V DEMPSEY

File No : CI 2501 of 2014

Catchwords:

Criminal injuries compensation - Shooting incident - Secondary victim – Post-traumatic stress disorder - Delay - Whether a separate offence committed

Legislation:

Criminal Injuries Compensation Act 2003 s 9, s 35(2)(c), s 39(1)(b)

Liquor Control Act 1988

Result:

Appeal allowed and compensation awarded

Representation:

Counsel:

Appellant : Mr V Kurup (18 January 2017) & Mr N Morrisey (25 & 31) January 2017

Respondent : No appearance

Amicus Curiae

: Mr G Stockton appeared on behalf of the Chief Executive Officer for the Department of the Attorney General

Solicitors:

Appellant : CLP Legal Pty Ltd

Respondent : Not applicable

Amicus Curiae

: State Solicitors for Western Australia

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

Devos v James [2009] WADC 161
Hutching v Lachlan [2012] WADC 89
JY [2013] WADC 187
MJN v MAJS (2003) 35 SR (WA) 219
PK [2013] WACIC 24
Re Jackamarra [2014] WADC 9
Re McHenry [2014] WADC 92
Re PK (by her next friend the Public Trustee) [2014] WADC 139
Re TLJ [2016] WADC 74
TAW v NJS [2011] WADC 187
Zadeh [2015] WADC 136

HERRON DCJ

Background

1 On 8 April 2016 the Assessor of Criminal Injuries Compensation Ms L V Dempsey (the assessor) refused the appellant's (Mr Hansen) application for criminal injuries compensation in respect of injuries and losses suffered by Mr Hansen as a result of the respondent (Mr Bolton) committing the offence of intent to maim by unlawful wounding. The application was refused pursuant to s 39 of the Criminal Injuries Compensation…

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 Hansen v Bolton

Details

AGLC: Hansen v Bolton [2017] WADC 25
Case: [2017] WADC 25
Decision Date: 27 FEBRUARY 2017

CaseChat Overview and Summary

Hansen v Bolton involved a dispute regarding the eligibility of the appellant, Hansen, to receive criminal injuries compensation for post-traumatic stress disorder (PTSD) following a shooting incident. Hansen, who was present at the scene but not physically injured, sought compensation for secondary victim PTSD. The matter was before the court to determine whether Hansen's claim was barred due to delay in reporting the condition and whether the shooting incident constituted a separate offence that would affect his eligibility for compensation.

The court was required to decide if Hansen's claim for compensation was valid despite the delay in reporting his PTSD symptoms. Additionally, the court needed to determine whether the shooting incident constituted a single offence or multiple offences, as this could impact Hansen's eligibility for compensation. The court had to consider the statutory provisions governing criminal injuries compensation, particularly the requirement for timely reporting of injuries and the definition of "incurring injury".

The court found that Hansen's PTSD was a direct result of the shooting incident and that the delay in reporting did not bar his claim, as there were mitigating circumstances. The court concluded that the shooting incident constituted a single offence, thus not affecting Hansen's eligibility for compensation. The court held that Hansen was entitled to compensation for his secondary victim PTSD. The appeal was allowed, and Hansen was awarded the compensation he sought.

Orders

Orders of the court

Appeal allowed and compensation awarded

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

Hansen v Bolton [2017] WADC 25

Most Recent Citation

Re ATS [2017] WADC 92

Cases citing this decision · 17 of 17 shown

Re SR
[2025] WADC 37 Para 3

…nus is on the appellant to explain the reasons why it is just to enable the Compensation Application to be made out of time.[13] [13] Hansen v Bolton [2017] WADC 25 [12] (Herron DCJ) .…
ABC v FGT
[2024] WADC 95 Para 4

…In Hansen v Bolton [2017] WADC 25 [14] Herron DCJ outlined factors which may be relevant to the exercise of the court's discretion as follows: (a)the history of and background to the proposed application; (b)the length of the delay; (c)the reasons for the delay; (d)the nature of the proposed application; (e)the c…
Re TCJ
[2024] WADC 48 Para 2

…onus is on [the applicant] to explain to the satisfaction of the court the reasons for the delay in bringing the application. … [6] Hansen v Bolton [2017] WADC 25; (2017) 91 SR (WA) 137 [12].…
Bullen v Pindan
[2023] WADC 154 Para 7

…must make a substantial case for it being just and proper for the court to exercise its statutory discretion to extend time.[97] [97] Hansen v Bolton [2017] WADC 25 [12]; (2017) 91 SR (WA) 137 ( Hansen ).…
KMM v SG
[2023] WADC 136 Para 3

…ant must make a substantial case for it being just and proper for the court to exercise its statutory discretion to extend time. [17] Hansen v Bolton [2017] WADC 25 [12].…
Re Ete
[2023] WADC 137 Para 2

…ant must make a substantial case for it being just and proper for the court to exercise its statutory discretion to extend time. [16] Hansen v Bolton [2017] WADC 25 [12] (Herron DCJ) ( Hansen ).…
Re CJR
[2023] WADC 111 Para 3

…exercise its statutory discretion to extend time.[63] [62] Re McHenry [16] (Herron DCJ). [63] Re McHenry [17] (Herron DCJ). See also Hansen v Bolton [2017] WADC 25 [12] (Herron DCJ).…
Ward v Davey
[2023] WADC 78 Para 2

…e extent to which the claim raises an arguable basis for a claim for compensation; and 3.The extent of any prejudice to Mr Ward. [12] Hansen v Bolton [2017] WADC 25 [12]. [13] Re Jackamarra [2014] WADC 9 [23].…
Re Richards
[2022] WADC 100 Para 2

…t must make a substantial case for it being just and proper for the court to exercise its statutory discretion to extend time. [28] Hansen v Bolton [2017] WADC 25 [12] (Herron DCJ) ( Hansen ).…
Mallard v Mallard
[2022] WADC 71 Para 2

…v McAlindon ; Hansen v Bolton ; Re Farmer and Selimoski .[11] [11] EB v Ramljak [2021] WADC 134; Townend v McAlindon [2017] WADC 63; Hansen v Bolton [2017] WADC 25; Re Farmer [2015] WADC 91 and Selimoski [2012] WADC 30.…
ATS v Williss
[2021] WADC 58 Para 7

…ects resulting from the assault have been disentangled from the non-compensable pre‑existing psychological condition as at the time of the assault: Hansen v Bolton (2017) 91 SR (WA) 137 [84] and [85].…
Richardson v Lawford
[2020] WADC 58 Para 2

…In Hansen v Bolton [2017] WADC 25 [14], Herron DCJ wrote: Factors that may be relevant to the exercise of the court’s discretion under s 9(2) include ( Re Jackamarra [2014] WADC 9 [20]; Re McHenry [16]): (a)the history of and background to the proposed application; (b)the length of the delay; (c)the reasons for t…
Re ATS
[2019] WADC 76 Para 7

…As set out by Herron DCJ in Hansen v Bolton [2017] WADC 25; (2017) 91 SR (WA) 137 [85] - [86]: (a)compensation will not be awarded if the injury or loss would have occurred in any event due to a pre-existing condition; (b)where it cannot be positively stated that the injury or loss would have occurred in any even…
Nurovic v Nurovic
[2019] WADC 28 Para 7

…In Hansen v Bolton [2017] WADC 25; (2017) 91 SR (WA) 137 [85] - [86] Herron DCJ explained the effect of a pre-existing condition as follows: (a)compensation would not be awarded if the injury or loss would have occurred in any event due to a pre-existing condition; (b)where it cannot be positively stated that the…
Guy v Hampson
[2019] WADC 19 Para 4

…The issue of pre-existing conditions was comprehensively dealt with in Hansen v Bolton [2017] WADC 25; (2017) 91 SR (WA) 137 [85] - [86] by Herron DCJ who stated: (a)compensation would not be awarded if the injury or loss would have occurred in any event due to a pre-existing condition; (b)where it cannot be posi…
Re Piggott
[2017] WADC 150

…General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29 Egitmen v The State of Western Australia [2016] WASCA 214 Hansen v Bolton [2017] WADC 25 Hinchcliffe v Hinchcliffe [2010] WADC 78 Hogben v Darcy [2009] WADC 63 Lloyd v Small (1996) 16 SR (WA) 111 Marchesano v The State of Western Australi…
Re ATS
[2017] WADC 92 Para 9

…s which govern the exercise of a discretion to grant an extension of time to make an application for compensation, which I applied in Hansen v Bolton [2017] WADC 25 [11] – [ 14]: I adhere to my explanation in Re McHenry [2014] WADC 92 of the relevant principles regarding the limitation period prescribed by s 9 an…

View all 17 citing cases →

Cases cited in this decision · 21 of 21 shown

Re TLJ
[2016] WADC 74

…WA) 219 PK [2013] WACIC 24 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WADC 136…
ZADEH
[2015] WADC 136

…WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WADC 136…
Re PK (by her next friend the Public Trustee)
[2014] WADC 139

…N v MAJS (2003) 35 SR (WA) 219 PK [2013] WACIC 24 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WADC 136…
Re McHenry
[2014] WADC 92

…C 161 Hutching v Lachlan [2012] WADC 89 JY [2013] WADC 187 MJN v MAJS (2003) 35 SR (WA) 219 PK [2013] WACIC 24 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WADC 136…
Re Jackamarra
[2014] WADC 9

…Devos v James [2009] WADC 161 Hutching v Lachlan [2012] WADC 89 JY [2013] WADC 187 MJN v MAJS (2003) 35 SR (WA) 219 PK [2013] WACIC 24 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] W…
JY
[2013] WADC 187

…Devos v James [2009] WADC 161 Hutching v Lachlan [2012] WADC 89 JY [2013] WADC 187 MJN v MAJS (2003) 35 SR (WA) 219 PK [2013] WACIC 24 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WAD…
Hutchings v Lachlan
[2012] WADC 89

…Devos v James [2009] WADC 161 Hutching v Lachlan [2012] WADC 89 JY [2013] WADC 187 MJN v MAJS (2003) 35 SR (WA) 219 PK [2013] WACIC 24 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WA…
TAW v NJS
[2011] WADC 187

…4 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WADC 136…
SW v BB
[2010] WADC 86

…djustments for probabilities is relevant to general damages and past and future loss: Wilson v Peisley (1975) 50 ALJR 207, 212 (Stephen J); SW v BB [2010] WADC 86.…
Galofaro v Metropolitan Fire and Emergency Services Appeals Commission
[2005] VSC 356

…Pty) (1976) 135 CLR 616 (621); Allesch v Maunz (2000) 203 CLR 172 [44]; Sal Galofaro v Metropolitan Fire & Emergency Services Appeal Commission & Ors [2005] VSC 356 [61]; Waterhouse v Racing Appeals Tribunal [2002] NSWSC 1143 [94].…
Waterhouse v Racing Appeals Tribunal
[2002] NSWSC 1143

…CLR 172 [44]; Sal Galofaro v Metropolitan Fire & Emergency Services Appeal Commission & Ors [2005] VSC 356 [61]; Waterhouse v Racing Appeals Tribunal [2002] NSWSC 1143 [94].…
Allesch v Maunz
[2000] HCA 40

…t a matter is consistent with a rehearing appeal and inconsistent with an appeal de novo: Sperway Constructions (Syd) (Pty) (1976) 135 CLR 616 (621); Allesch v Maunz (2000) 203 CLR 172 [44]; Sal Galofaro v Metropolitan Fire & Emergency Services Appeal Commission & Ors [2005] VSC 356 [61]; Waterhouse v Racing Appeals Trib…
Wynn v NSW Insurance Ministerial Corporation
[1995] HCA 53

…t must evaluate that chance and discount the compensation by the percentage that represents that chance: Wynn v NSW Insurance Ministerial Corporation [1995] HCA 53; (1995) 184 CLR 485, 499 – 500. These adjustments for probabilities is relevant to general damages and past and future loss: Wilson v Peisley (1975)…
Fagan v Crimes Compensation Tribunal
[1982] HCA 49

…able offences need not be the sole cause of the injury or loss: Bonnington Castings Ltd v Wardlaw [1956] AC 613; Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666 . 51. If it is not possible to disentangle the consequences of non-compensable offences from the consequences of compensable offences the applicant i…
Precision Plastics Pty Ltd v Demir
[1975] HCA 27

…CA 53; (1995) 184 CLR 485, 499 – 500. These adjustments for probabilities is relevant to general damages and past and future loss: Wilson v Peisley (1975) 50 ALJR 207, 212 (Stephen J); SW v BB [2010] WADC 86.…
Purkess v Crittenden
[1965] HCA 34

…t's injury or loss: Bonnington Castings Ltd v Wardlaw ; Fagan v Crimes Compensation Tribunal ; Watts v Rake (1960) 108 CLR 158 ; Purkess v Crittenden (1965) 114 CLR 164 .…
Watts v Rake
[1960] HCA 58

…did contribute materially to the applicant's injury or loss: Bonnington Castings Ltd v Wardlaw ; Fagan v Crimes Compensation Tribunal ; Watts v Rake (1960) 108 CLR 158 ; Purkess v Crittenden (1965) 114 CLR 164 .…
Builders Licensing Board v Sperway Constructions (Sydney) Pty Ltd
[1976] HCA 62

…ies that the power to remit a matter is consistent with a rehearing appeal and inconsistent with an appeal de novo: Sperway Constructions (Syd) (Pty) (1976) 135 CLR 616 (621); Allesch v Maunz (2000) 203 CLR 172 [44]; Sal Galofaro v Metropolitan Fire & Emergency Services Appeal Commission & Ors [2005] VSC 356 [61]; Wa…
However, following Devos v James
[2009] WADC 161

…Devos v James [2009] WADC 161 Hutching v Lachlan [2012] WADC 89 JY [2013] WADC 187 MJN v MAJS (2003) 35 SR (WA) 219 PK [2013] WACIC 24 Re Jackamarra [2014] WADC 9 Re McHenry [2014] WADC 92 Re PK (by her next friend the Public Trustee) [2014] WADC 139 Re TLJ [2016] WADC 74 TAW v NJS [2011] WADC 187 Zadeh [2015] WAD…
[1962] 2 QB 405
[1962] 2 QB 405

…ompensation will not be awarded if the injury and loss would have occurred in any event due to a pre-existing condition: Smith v Leech Brain & Co Ltd [1962] 2 QB 405. Where it cannot be positively stated that the event (the injury or loss) would have occurred in any event but it remained a probability then the awa…
[1956] AC 613
[1956] AC 613

…ially to the applicant's injury or loss. The compensable offences need not be the sole cause of the injury or loss: Bonnington Castings Ltd v Wardlaw [1956] AC 613; Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666 . 51. If it is not possible to disentangle the consequences of non-compensable offences from…

Legislation cited in this decision · 3

Criminal Injuries Compensation Act 2003 (WA)
9 2 mentions
Criminal Injuries Compensation Regulations 2003 (WA)
1 mention
Liquor Control Act 1988 (WA)
1 mention