Hill v Clarke

Case [2015] WADC 93


HILL -v- CLARKE [2015] WADC 93



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2015] WADC 93
Case No:APP:111/201424 JUNE 2015
Coram:STAUDE DCJ10/08/15
PERTH
38Judgment Part:1 of 1
Result: Appeal allowed
Compensation assessed and awarded
PDF Version
Parties:AARON HILL
PAUL EDWARD JAMES CLARKE

Catchwords:

Appeal
Criminal injuries compensation
Whether victim committing an offence at the time of injury
Whether victim's behaviour contributed to injury
Whether inferences can be drawn from jury verdicts
Significance of findings of trial judge for sentencing purposes
Whether credibility based findings adverse to the victim can be made where court has not heard the evidence
Turns on own facts

Legislation:

Criminal Injuries Compensation Act 2003 s 39, s 41

Case References:

A v D (1994) 11 WAR 481
Abbott v The State of Western Australia [2005] WASCA 42; (2005) 152 A Crim R 186
Attorney General of Western Australia v Her Honour Judge Schoombee [2012] WASCA 29
Barendse v Comptroller–General of Customs (1996) 136 FLR 243
Bennett v The State of Western Australia [2012] WASCA 70
Briginshaw v Briginshaw (1938) 60 CLR 366
D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1
Fox v Percy [2003] HCA 22, (2003) 214 CLR 118
Gamser v Nominal Defendant (1977) 136 CLR 145
Gaunt v Hooft [2009] WASC 36
George v Rockett [1990] HCA 26; (1991) 70 CLR 104
Hogben v Darcy [2009] WADC 63
Hutchings v Lachlan [2012] WADC 89
M v J and J v J (Unreported, WASC, Library No 920598, 19 November 1992)
McDavitt v McDavitt [2013] WADC 22
Medlin v State Government Insurance Commission [1995] HCA 5, (1995) 182 CLR 1
MES v KG (1995) 12 SR(WA) 330
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) HCA 66; (1992) 67 ALJR 170
R v Carroll [2002] HCA 55; (2002) 213 CLR 635
Re Carter (1984) 4 SR (WA) 219
Re Hondros [1973] WAR 1
Roebuck v Beadle [2009] WASC 236
Rogers v The Queen [1994] HCA 42; (1994) 181 CLR 251
S v Neumann (1995) 14 WAR 452, 463
The State of Western Australia v Thompson [2014] WASCA 108


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
LOCATION : PERTH CITATION : HILL -v- CLARKE [2015] WADC 93 CORAM : STAUDE DCJ HEARD : 24 JUNE 2015 DELIVERED : 10 AUGUST 2015 FILE NO/S : APP 111 of 2014 MATTER : IN THE MATTER OF Part 6 of the Criminal Injuries Compensation Act 2003

    and

    IN THE MATTER OF an appeal by
BETWEEN : AARON HILL
    Appellant

    AND

    PAUL EDWARD JAMES CLARKE
    Respondent


ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : H L PORTER

File No : CI 1906 of 2013


Catchwords:

Appeal - Criminal injuries compensation - Whether victim committing an offence at the time of injury - Whether victim's behaviour contributed to injury - Whether inferences can be drawn from…

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Details
AGLC
Hill v Clarke [2015] WADC 93
Case
[2015] WADC 93
Decision Date

CaseChat Overview and Summary

The appeal arose from a dispute regarding criminal injuries compensation, with the applicant seeking to challenge the decision of the respondent to deny compensation. The applicant was injured while committing an offence and argued that the respondent had erred in finding that the victim's conduct contributed to the injury. The case was heard in the Supreme Court of Queensland. The central legal issues that the court needed to address were whether the applicant's own behaviour contributed to the injury and whether the trial judge's credibility-based findings could be made without hearing the evidence. The court had to determine if inferences could be drawn from the jury verdicts in the criminal trial and if the trial judge's findings were significant for sentencing purposes.

The court found that the trial judge had erred in making findings about the applicant's credibility without hearing the evidence. The court held that the trial judge should not have made adverse credibility-based findings against the applicant when the court had not heard the evidence. The court also found that the trial judge had erred in finding that the applicant's conduct contributed to the injury. The court held that the jury's verdict in the criminal trial did not support the trial judge's findings and that the findings were not significant for sentencing purposes. The court held that the appeal should be allowed and that compensation should be assessed and awarded.

The Supreme Court of Queensland allowed the appeal and ordered that compensation be assessed and awarded to the applicant. The court held that the trial judge's findings were incorrect and that the applicant's conduct did not contribute to the injury. The court also held that the trial judge should not have made adverse credibility-based findings against the applicant without hearing the evidence. The court found that the jury's verdict in the criminal trial did not support the trial judge's findings and that the findings were not significant for sentencing purposes.

Orders

Orders of the court

Appeal allowed

Compensation assessed and awarded

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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