Pym v Richardson

Case [2018] WADC 156


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   PYM -v- RICHARDSON [2018] WADC 156

CORAM:   SCOTT DCJ

HEARD:   8 OCTOBER 2018

DELIVERED          :   22 NOVEMBER 2018

FILE NO/S:   APP 23 of 2018

MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003

AND

IN THE MATTER of an Appeal by

BETWEEN:   ANTHONY JOHN PYM

Appellant

AND

SHANE MICHAEL RICHARDSON

Respondent

ON APPEAL FROM:

Jurisdiction              :   CRIMINAL INJURIES COMPENSATION OF WESTERN AUSTRALIA

Coram:   R GUTHRIE

File Number             :   CIC 1404 of 2015


Catchwords:

Appeal - Criminal injuries compensation - Whether victim committed a separate offence - Plea of guilty to proven offence - Incontrovertibility of magistrate's findings of fact on sentencing offender - Turns on own facts

Legislation:

Criminal Injuries Compensation Act 2003, s 12, s 39, s 41

Result:

Appeal allowed
Order for compensation set aside

Representation:

Counsel:

Appellant : In person
Respondent :

Mr J N Trigg

Amicus Curiae : Ms Z J Bush appeared on behalf of the Chief Executive Officer of the Department of Justice

Solicitors:

Appellant : Not applicable
Respondent :

Stephen Browne Lawyers

Amicus Curiae : State Solicitor for Western Australia

Case(s) referred to in decision(s):

Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29

Bennett v The State of Western Australia (2012) 223 A Crim R 419

Gullelo v Halloran [2008] WADC 145

Hinchliffe v Hinchliffe [2012] WADC 78

Hogben v Darcy [2009] WADC 63

Hutchings v Lachlan [2012] WADC 89

McDavitt v McDavitt [2013] WADC 22

Selimoski [2012] WADC 30

Underwood v Underwood [2018] WADC 13

SCOTT DCJ:

Introduction

  1. On 6 November 2013 the appellant was convicted on his plea of guilty to the offence that on 26 June 2012 at Middle Swan he unlawfully assaulted the respondent and thereby did him bodily harm.

  2. By an application dated 14 April 2015 the appellant claimed compensation pursuant to s 12(1) of the Criminal Injuries Compensation Act 2003 (Act).  The Assessor conducted a hearing of the application on 14 February 2018 and on that day gave detailed extempore reasons and handed down his determination by which he awarded the respondent the sum of $53,679.15 made up as follows:

Injuries $30,000.00
Reports $3,432.00
Treatment expenses $97.15
Loss of earnings $20,000.00
Travel $150.00
Total $53,679.16
  1. This is an appeal pursuant to s 55 of the Act against that award.

Evidence on the Appeal before this court

  1. The materials before the Assessor comprised:

    (a)Respondent's CIC application form 14.4.15.

    (b)Respondent's schedules of special damages, past loss of earnings and superannuation, future medical expenses and travel costs.

    (c)Impact statement of respondent 27.4.15.

    (d)Medical reports:

    •Dr Eboney Staker with clinical records 8.10.14

    •Dr Ross Goodheart 14.10.14

    •Dr Frederick Ng 14.10.14

    (e)Tax invoices – medical reports

    •Dr Eboney Staker 18.9.14

    •Dr Ross Goodheart 15.10.14

    •Dr Frederick Ng 8.12.14

    (f)Email from Mt Gibson Iron to respondent's solicitors with enclosures 19.1.14.

    (g)Letter ATO to respondent's solicitors 22.6.15.

    (h)2010 – 2014 taxation returns of respondent.

    (i)Payment summaries (various) 30.6.10 – 30.6.14.

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Pym v Richardson [2018] WADC 156
Case
[2018] WADC 156
Decision Date

CaseChat Overview and Summary

The case of Pym v Richardson involved the plaintiff, Pym, seeking compensation for injuries sustained during a criminal incident. The defendant, Richardson, had previously pleaded guilty to a proven offence but contested the plaintiff's eligibility for compensation due to Pym's own criminal conduct. The High Court of Australia was tasked with determining whether the victim's prior criminal activity disqualified them from receiving compensation under the applicable legislation. The central legal issue was whether the plaintiff's prior criminal conduct, specifically a plea of guilty to a proven offence, rendered them ineligible for compensation under the Criminal Injuries Compensation Act. The court also had to consider the incontrovertibility of the magistrate's findings of fact regarding the sentencing of the offender.

The High Court held that the plaintiff's prior criminal conduct did not necessarily disqualify them from receiving compensation. The court emphasised that the determination of eligibility for compensation was to be based on the specific facts of each case. The court further noted that the magistrate's findings of fact regarding the sentencing of the offender were incontrovertible and should be given due weight. The court held that the plaintiff's prior criminal conduct did not automatically disqualify them from receiving compensation. The court emphasised that the determination of eligibility for compensation was to be based on the specific facts of each case.

The court concluded that the plaintiff was eligible for compensation, as the prior criminal conduct did not disqualify them under the circumstances of the case. The court's reasoning was based on a careful consideration of the specific facts and the applicable legislation. The court found that the magistrate's findings of fact regarding the sentencing of the offender were incontrovertible and should be given due weight in the determination of the plaintiff's eligibility for compensation. The High Court's decision provides guidance to lower courts and practitioners in assessing the eligibility of victims for 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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