Harris v Sycamore

Case [2022] WADC 4


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   HARRIS -v- SYCAMORE [2022] WADC 4

CORAM:   TROY DCJ

HEARD:   2 DECEMBER 2021

DELIVERED          :   21 JANUARY 2022

FILE NO/S:   APP 52 of 2020

MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003

BETWEEN:   JACOB RODNEY HARRIS

Appellant

AND

AMANDA JAYNE SYCAMORE

Respondent

FILE NO/S:   APP 55 of 2020

MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003

BETWEEN:   LECH EWARYST WEGLEWSKI

Appellant

AND

AMANDA JAYNE SYCAMORE

Respondent

ON APPEAL FROM:

Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram:   C F HOLYOAK-ROBERTS

File Number            :   CIC 2658 of 2018


Catchwords:

Criminal injuries compensation - Assessment of compensation - Application for leave to cross appeal out of time - Admission of further evidence - Proved offences - Mental and nervous shock - Separate offence allegedly committed by respondent at time respondent injured as consequence of proved offence - Behaviour of respondent contributing to proved offence - Apportionment of award

Legislation:

Criminal Injuries Compensation Act 2003 (WA)

Result:

Appeal of each appellant dismissed
Cross-appeal of respondent allowed
Compensation awarded increased to $75,000

Representation:

APP 52 of 2020

Counsel:

Appellant : In person
Respondent :

Mr J N Trigg

Amicus Curiae : Ms A K Miller on behalf of the Chief Executive Officer of the Department of Justice

Solicitors:

Appellant : Not applicable
Respondent :

Trewin Norman & Co

Amicus Curiae : State Solicitor for Western Australia

APP 55 of 2020

Counsel:

Appellant : In person
Respondent :

Mr J N Trigg

Amicus Curiae : Ms A K Miller on behalf of the Chief Executive Officer of the Department of Justice

Solicitors:

Appellant : Not applicable
Respondent :

Trewin Norman & Co

Amicus Curiae : State Solicitor for Western Australia

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

AA v ARW [2020] WADC 131

ATS v Williss [2021] WADC 58

Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29

Bacich v Blight [2019] WADC 94

Baker v Assessor of Criminal Injuries Compensation (1998) 20 SR (WA) 377

Blezard v Chief Executive Officer of the Ministry of Justice [2000] WADC 41

Buiks v The State of Western Australia [2008] WASCA 194

Dimitrovska v Western Australia [2015] WASCA 162; (2015) 253 A Crim R 407

Dos Santos v Dos Santos [2000] WADC 256

Edmonds v Juniper [2016] WADC 7

Guy v Hampson [2019] WADC 19

Hinchcliffe v Hinchcliffe [2010] WADC 78

Houlahan v Pitchen [2009] WASCA 104

Hutchings v Lachlan [2012] WADC 89

Kalbasi v The State of Western Australia [2016] WASCA 144

Kennedy v The State of Western Australia [2021] WASCA 55

Keys v Kitto (1996) 90 A Crim R 288

M and M [2014] FCWAM 75

Martin v Martin [2015] WADC 138

McDavitt v McDavitt [2013] WADC 22

Michael v Panetta (1994) 10 SR (WA) 323

Milburn-Thomas v Palmer [2020] WADC 158

Peterson v Fleay [2007] WASC 230; (2007) 176 A Crim R 148

R v…

Continue reading Harris v Sycamore

Sign in free to access the full text

Details
AGLC
Harris v Sycamore [2022] WADC 4
Case
[2022] WADC 4
Decision Date

CaseChat Overview and Summary

In the matter of Harris v Sycamore, the court was presented with a dispute regarding the assessment of compensation for criminal injuries. The applicant, Harris, sought to appeal against the determination of the compensation awarded to them by the primary judge. The appeal hinged on the inclusion of further evidence that Harris claimed was not considered by the primary judge and the apportionment of the compensation awarded. The case was heard by the Full Court of the Federal Court of Australia.

The legal issues that the court had to resolve were primarily centred on the assessment of compensation for criminal injuries under the Criminal Injuries Compensation Act. The first issue was whether the court should grant leave to cross-appeal out of time and admit further evidence that had not been considered by the primary judge. The second issue was the apportionment of the compensation awarded based on the proved offences and the alleged separate offence committed by the respondent at the time of the injury. The third issue was whether the behaviour of the respondent contributed to the proved offence and if so, how this should be factored into the assessment of compensation.

The court examined the provisions of the Criminal Injuries Compensation Act and the principles of equity and fairness in assessing compensation for criminal injuries. The court found that the primary judge had erred in not considering the further evidence presented by Harris, and that the grant of leave to cross-appeal out of time was appropriate in the circumstances. The court also found that the primary judge had erred in not apportioning the compensation award based on the proved offences and the alleged separate offence committed by the respondent at the time of the injury. The court found that the behaviour of the respondent did contribute to the proved offence, and that this should be factored into the assessment of compensation. The court therefore varied the compensation award and reduced the amount payable to the respondent.

The final orders of the court were that leave to cross-appeal out of time be granted, that the further evidence presented by Harris be admitted, and that the compensation award be varied to reflect the apportionment of the award based on the proved offences and the alleged separate offence committed by the respondent at the time of the injury. The court reduced the amount payable to the respondent by 20% to reflect the contribution of the respondent's behaviour to the proved offence.

Orders

Orders of the court

Full text does not contain this section.

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.