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

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Vicarious Liability

  • Mens Rea & Intention

  • Compensatory Damages

  • Loss of Earning Capacity

Actions
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Citations
JY [2013] WADC 187
Most Recent Citation
Phillips v Mettam [2022] WADC 49

Cases Citing This Decision

30

Re RJA [2022] WADC 106
Vanmaris v Roberts [2022] WADC 80
Re Sunjich [2022] WADC 66
Cases Cited

13

Statutory Material Cited

0

Underwood v Underwood [2018] WADC 13
Underwood v Underwood [2018] WADC 13