Mallard v Mallard

The case of Mallard v Mallard is an appeal brought by Veronica Mallard against a decision of the Chief Assessor of Criminal Injuries Compensation. The appeal was heard by Gillian DCJ in the District Court of Western Australia. Veronica sought an increase in the amount of compensation awarded to her by the Assessor. Veronica's nephew, the respondent, had pleaded guilty to two offences under the Firearms Act 1973 (WA) for which he was sentenced by the Magistrates Court at Geraldton. The offences were in actual physical possession of a firearm while affected by alcohol and discharging a firearm in a manner to cause fear to the public. Veronica applied for compensation under the Criminal Injuries Compensation Act 2003 (WA) and the Assessor ordered that she be paid $6,458. Veronica appealed against the amount of the award and the court was assisted by an amicus curiae. The respondent did not appear or file an appearance in the appeal. The appeal raises issues concerning the legal principles governing the application for compensation, the injuries suffered by the appellant as a consequence of the approved offence, the award of compensation and what final orders are appropriate. The court found that the appeal should be heard de novo and that it was appropriate to admit additional evidence in the form of further witness statements and a supplementary psychological report. The court found that the appellant suffered mental and nervous shock in the form of post-traumatic stress disorder (PTSD) and anxiety as a consequence of the proven offences. The court awarded the appellant $30,200 in compensation and made an order barring recovery of the award from the respondent.