| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECI 2020 02456
S ECI 2020 03397
| BRADLEY CHARLES PAWLEY | First Applicant |
| and | |
| COLIN JESSE COSGROVE | Second Applicant |
| v | |
| JAMIE IAN WILLIS | Respondent |
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JUDGE: | Lasry J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 19 April 2021, 25 May 2021 and 30 August 2021 |
DATE OF JUDGMENT: | 24 February 2022 |
CASE MAY BE CITED AS: | Pawley & Anor v Willis |
MEDIUM NEUTRAL CITATION: | [2022] VSC 85 |
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COMMON LAW — Applications for compensation orders — Application for extension of time — Applicants children of deceased — Application for extension of time granted — Applicants demonstrated they have suffered injuries as a direct result of offence — Compensation awarded — Sentencing Act 1991 (Vic) ss 85B, 85C, 85D, 85H, 85I and 85K — Confiscation Act 1997 (Vic) s 18.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicants | Mr. Thracy Vinga | Ryan Carlisle Thomas |
| For the Respondent | Mr. Patrick Gordon |
HIS HONOUR:
These are two applications for compensation orders made pursuant to s 85B of the Sentencing Act 1991 (Vic) (the ‘Act’) by Mr Bradley Charles Pawley and Mr Colin Jesse Cosgrove (‘the applicants’). The applicants are two sons of Ms Caroline Willis (‘the deceased’) who was murdered by Mr Jamie Ian Willis (‘the respondent’) on 24 May 2018 at a premises in Werribee, Victoria. The respondent is also a son of the deceased and is the half-brother of the applicants.
Both applicants have proceeded on the basis that they will need to also apply for an extension of time to make their applications, pursuant to section 85D of the Act. However, as will be explained later in these reasons, only Mr Cosgrave needed to make that application.
Procedural history
On 25 May 2018, the respondent was charged with the murder of the deceased. Upon application of the Director of Public Prosecutions (the ‘Director’) under the Confiscation Act 1997 (Vic) (‘the Confiscation Act’), on 9 November 2018 in this Court Moore J granted a restraining order in relation to real property at 16 Taworri Crescent, Werribee (‘the Werribee property’) that was jointly owned in some form by the respondent and the deceased.[1] The restraining order declared that the property was restrained for the purpose of satisfying any future compensation claims.
[1]Confiscation Act 1997 (Vic), s 18.
On 3 May 2019, the respondent pleaded guilty before this Court to the murder of the deceased. On 20 June 2019, I sentenced him to imprisonment for 20 years with a minimum period of 14 years to be served before being eligible for parole. Pre-sentence detention was declared at 392 days.[2]
[2]R v Willis [2019] VSC 398, [58].
By the applications filed in this Court on 4 June 2020 and 26 August 2020, the applicants seek compensation pursuant to s 85B of the Act. The applications were heard before me over a period of three days between April and August 2021.
Circumstances of the offence
I set out a complete account of…
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CaseChat Overview and Summary
The applicants argued that they had suffered injuries as a direct result of the offence and were therefore entitled to compensation under the relevant statutory provisions. The court accepted that the applicants had demonstrated that they had suffered compensable injuries and that they were eligible for compensation. The court also found that the applicants had shown sufficient cause for the delay in making their application, and granted them an extension of time to make their application. The court was satisfied that the applicants had acted with due diligence and that the delay in making their application was not due to any fault or neglect on their part.
As a result of the court’s decision, the applicants were awarded compensation for the injuries they had suffered. The court found that the applicants had suffered compensable injuries and that they were eligible for compensation under the relevant statutory provisions. The court also found that the applicants had demonstrated that they had suffered injuries as a direct result of the offence and that they were entitled to compensation. The court granted the applicants an extension of time to make their application, which allowed them to participate in the proceedings and seek the compensation to which they were entitled. The final orders of the court included an award of compensation to the applicants and an extension of time for the making of their application.
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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