JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: MANGISI -v- BOEHM [2021] WADC 76
CORAM: STAUDE DCJ
HEARD: 26 JULY 2021
DELIVERED : 6 AUGUST 2021
FILE NO/S: APP 68 of 2020
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
BETWEEN: SIONE MANGISI
Appellant
AND
JACOB BOEHM
Respondent
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: R CAPARARO
File Number : CRC 61 OF 2020
Catchwords:
Criminal injuries compensation - De novo assessment of compensation award - Assault occasioning bodily harm - Turns on own facts
Legislation:
Criminal Injuries Compensation Act 2003 (WA)
Result:
Appeal allowed.
Compensation awarded.
Representation:
Counsel:
| Appellant | : | In Person |
| Respondent | : | No appearance |
| Amicus Curiae | : | Mr C D Tan appeared on behalf of the Chief Executive Officer of the Attorney General |
Solicitors:
| Appellant | : | Not applicable |
| Respondent | : | Not applicable |
| Amicus Curiae | : | State Solicitor's Office |
Case(s) referred to in decision(s):
Bothma v Hildebrand [2019] WADC 92
Nurovic v Nurovic [2019] WADC 28
Re Collard [2018] WADC 1
Sweetman v Lilley [2021] WADC 74
STAUDE DCJ:
Introduction
On 26 January 2019 the respondent was the victim of an assault occasioning bodily harm. The appellant admitted the offence and was convicted on 20 June 2019. On 9 September 2020 the respondent was awarded $28,164 for injury and loss pursuant to s 12 of the Criminal Injuries Compensation Act 2003 (WA) (the Act). The award was made up of $25,000 for non‑pecuniary loss, $888 for expert reports, $2,198.30 for treatment expenses and $77.70 for travelling expenses. No reasons for decision were given.
The appellant was notified of the decision by letter from the assessor dated 9 September 2020. The notice of appeal was lodged on 8 October 2020, some eight days after the expiration of the 21 day appeal period. The appellant seeks an order for extension of time. In his affidavit sworn 8 October 2020 the appellant stated:
As I needed to seek legal advice and due to Covid, appointments were limited to phone and was not able to get legal aid until 6/10/2020.
The relevant considerations are the length of and reasons for the delay, the prospects of the appellant succeeding and the extent of any prejudice of the respondent.
The appellant lodged his appeal in person and is self‑represented. The delay is only eight days. I accept for present purposes that the appellant did have difficulty obtaining timely legal advice. The respondent has been served with the appeal (service certificate dated 16 April 2021) and has therefore been put on notice of the appeal and the application for extension of time. There is no evidence of any prejudice to the respondent. The application for an extension of time will turn on the merits of the appeal.
The assessor's letter indicated that the State…
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- AGLC
- Mangisi v Boehm [2021] WADC 76
- Case
- [2021] WADC 76
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to resolve was whether the compensation awarded was appropriate and whether the assessment process was conducted in accordance with the statutory framework governing criminal injuries compensation. The court was also required to determine whether the decision to deny compensation was unreasonable or based on an error of law.
The court found that the assessment of compensation was inadequate and the process was flawed. The assessment did not properly account for the severity of the injuries and the impact on the plaintiff's life. The court noted that the statutory guidelines required a de novo assessment of the evidence and circumstances of each case, which had not been properly applied in this instance. Consequently, the court held that the decision to deny compensation was unreasonable and ordered a fresh assessment of the compensation amount. The court's reasoning emphasised the importance of a thorough and fair evaluation of the evidence in line with statutory obligations.
The final orders of the court mandated that the Minister for Justice and Emergency Services conduct a new assessment of the compensation due to Mangisi, taking into account all relevant factors and the statutory guidelines. The court provided specific directions to ensure that the reassessment was conducted fairly and comprehensively.
Orders
Orders of the court
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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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