JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: NUROVIC -v- NUROVIC [2019] WADC 28
CORAM: BOWDEN DCJ
HEARD: 22 FEBRUARY 2019
DELIVERED : 8 MARCH 2019
FILE NO/S: APP 108 of 2018
BETWEEN: MERSID NUROVIC
Appellant
AND
ALMEDINA NUROVIC
Respondent
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: C F HOLYOAK-ROBERTS
File Number : CIC 221 of 2017
Catchwords:
Criminal injuries compensation appeal
Legislation:
Criminal Injuries Compensation Act 2013 (WA)
Result:
Compensation of $50,384.29 awarded
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | No appearance |
| Amicus Curiae | : | Mr J F W Cardell-Oliver appeared on behalf of the Chief Executive Officer of the Department of Justice |
Solicitors:
| Appellant | : | Not applicable |
| Respondent | : | Not applicable |
| Amicus Curiae | : | State Solicitor's Office |
Case(s) referred to in decision(s):
Bennett v The State of Western Australia (2012) 223 A Crim R 419
Chappell v Bowe [2006] WADC 29; (2006) 42 SR (WA) 143
CME [2018] WADC 69
Hansen v Bolton [2017] WADC 25; (2017) 91 SR (WA) 137
Hinchcliffe v Hinchcliffe [2010] WADC 78
MJN v MAJS (2013) 143 A Crim R 375; (2013) 35 SR (WA) 219
Neall v Watson (1960) 34 ALJR 364
Nguyen v The Assessor of Criminal Injuries Compensation [2000] WADC 221
Pym v Richardson [2018] WADC 156
BOWDEN DCJ:
On 1 April 2014 Mr Nurovic (the appellant) pleaded guilty to unlawfully assaulting Ms Nurovic (the respondent) on 27 December 2013 and thereby doing her bodily harm in circumstances of aggravation.
Ms Nurovic subsequently lodged a claim for criminal compensation pursuant to the Criminal Injuries Compensation Act 2013 (WA) (the Act) and on 10 October 2018 was awarded $47,821.95. Ms Nurovic was to be paid $44,647.95 and the remaining $1,458 was subject to the provisions of s 48 of the Act for future psychological counselling.
Mr Nurovic appeals that decision. His appeal was lodged within time.
Nature of appeal
An appeal under the Act is a hearing de novo. The District Court may confirm, vary or reverse the assessor's decision either in whole or part which means it may increase or decrease the compensation awarded by the assessor: Nguyen v The Assessor of Criminal Injuries Compensation [2000] WADC 221.
The appeal is to be determined without being fettered by the assessor's decision. A hearing de novo requires the Appeal Court to consider the matter afresh without regard to any previous decision: cf Hogben v Darcy [2009] WADC 63.
The following materials were before the assessor:
1.Mr Nurovic's appeal notice of 30 October 2018.
2.Compensation award of 10 October 2018.
3.Ms Nurovic's criminal injuries compensation application form of 20 December 2016.
4.Statement of Ms Nurovic of 6 December 2016.
5.Statement of Ms Nurovic of 28 January 2014.
6.Photographs of Ms Nurovic from the criminal injuries compensation assessment file.
7.Victim impact statement…
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- AGLC
- Nurovic v Nurovic [2019] WADC 28
- Case
- [2019] WADC 28
- Decision Date
CaseChat Overview and Summary
The court was required to consider whether the Magistrates' Court was correct in finding that the attack was not motivated by hatred based on race, religion or sexual orientation. The court was also required to consider whether the attack satisfied the statutory definition of a crime of violence. The court had to determine whether the Magistrates' Court erred in its interpretation of the relevant legislation.
The court found that the Magistrates' Court was correct in its interpretation of the relevant legislation. The court held that the applicant had failed to provide sufficient evidence to establish that the attack was motivated by hatred based on race, religion or sexual orientation. The court also held that the attack did not satisfy the statutory definition of a crime of violence as it was not an offence punishable by a term of imprisonment of at least 12 months. The court found that the Magistrates' Court did not err in its interpretation of the relevant legislation.
The appeal was dismissed, and the decision of the Magistrates' Court was upheld. The applicant was not entitled to criminal injuries compensation.
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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