JY
Case
•
[2013] WADC 187
Details
AGLC
Case
Decision Date
JY [2013] WADC 187
[2013] WADC 187
CaseChat Overview and Summary
In the matter of an appeal against a criminal injuries compensation award under the Criminal Injuries Compensation Act 2003, JY, the appellant, sought to appeal the amount of the compensation award made by the Chief Assessor. The appeal was allowed and the compensation award was increased from $18,500 to $50,389.50. The appellant was viciously attacked by her ex-partner in what was an attempted murder. She suffered approximately 13 stab wounds to her chest and arms. She was hospitalised for several days and suffered some scarring from the stab wounds. The appellant also suffered mental injuries as a consequence of the attack. The appellant has a pre-existing mental condition and there was evidence before the court that she had been self-medicating with alcohol since her psychiatrist ceased to prescribe her dexamphetamine. The court concluded that the appellant should be awarded $20,000 for the equivalent to general damages for the injuries suffered as a consequence of the alleged offence. The court also concluded that the appellant suffered a loss of earning capacity as a result of the mental injuries suffered by her in consequence of the alleged offence. It was appropriate in this case to award a global amount for past and future loss of $30,000.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Vicarious Liability
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Mens Rea & Intention
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Compensatory Damages
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Loss of Earning Capacity
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Citations
JY [2013] WADC 187
Most Recent Citation
Phillips v Mettam [2022] WADC 49
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Cases Cited
13
Statutory Material Cited
0
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[2000] WASCA 270
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[2018] WADC 13
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[2018] WADC 13