Phillips v Mettam

In the matter of Phillips v Mettam, the applicant sought criminal injuries compensation from the Supreme Court of Victoria. The case involved the applicant's injuries resulting from a shooting incident, which occurred when the police officer fired shots at the applicant, who was later found to be in possession of a firearm. The central issue was whether the injuries sustained by the applicant were a direct consequence of the proved offence, or if they were also caused by the applicant's actions. The court was required to determine the appropriate level of compensation to be awarded, considering the involvement of the applicant in the circumstances leading to the injury.

The legal issues the court had to address were whether the applicant's own criminal conduct could be considered in determining the amount of compensation, and if the applicant's injuries were solely a consequence of the proved offence. The court considered the relevant statutory provisions governing criminal injuries compensation and examined whether the applicant's actions contributed to the injuries sustained. The court also assessed the extent to which the applicant's criminal activity should be taken into account when determining the appropriate level of compensation.

The court found that the applicant's injuries were primarily a consequence of the proved offence, namely the police officer's actions in firing shots at the applicant. However, the court also acknowledged that the applicant's possession of a firearm and the resulting police pursuit played a role in the events leading to the injury. The court determined that the applicant's criminal conduct should be considered when assessing the appropriate level of compensation. Ultimately, the court awarded the applicant a reduced amount of compensation, reflecting the contributory role of the applicant's actions in the incident.

The court ordered that the applicant be awarded a reduced amount of criminal injuries compensation, taking into account the contributory role of the applicant's criminal conduct in the events leading to the injury. The specific amount of compensation awarded was not disclosed in the judgment. The court's decision highlights the importance of considering the actions of the applicant when determining the appropriate level of compensation for criminal injuries in cases where the applicant's conduct contributes to the circumstances leading to the injury.