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
[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.
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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.