JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: RE: KRISPYN [2011] WADC 161
CORAM: CURTHOYS DCJ
HEARD: 19 AUGUST 2011
DELIVERED : 3 OCTOBER 2011
FILE NO/S: APP 20 of 2010
MATTER :IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
and
IN THE MATTER of an Appeal by
BETWEEN: SUSAN MARIE KRISPYN
Appellant
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram :L V DEMPSEY
File No :CI 001138 of 2009
Catchwords:
Criminal injuries compensation - Appeal against adequacy of award
Legislation:
Criminal Injuries Compensation Act 2003, s 6, s 12, s 13, s 17, s 18, s 41, s 56
Result:
Appeal allowed
Compensation award $56,654.15
Representation:
Counsel:
Appellant: In person
Amicus Curiae : Ms L A Eddy
Solicitors:
Appellant: Not applicable
Amicus Curiae : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
A v D (1994) 11 WAR 481
B v W (1989) 6 SR (WA) 79
DNA v Britten (1995) 14 SR (WA) 325
Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666
Hatfield v Under Secretary for Law (Unreported, WASC, Library No 4012, 15 December 1980)
M v J (Unreported, WASC, Library No 920598, 19 November 1992)
MJN v MAJS (2003) 35 SR (WA) 219
Re Tilbury [2010] WADC 46
S v Neumann (1995) 14 WAR 452
Sunderland [2011] WADC 97
CURTHOYS DCJ: The appellant, Ms Krispyn, appeals against an award made by an assessor of criminal injuries compensation on 14 January 2010. The award was made in respect of injuries that Ms Krispyn suffered as a result of an assault on her on 30 September 2006.
Frederick Thomas Brennan was convicted in the District Court at Bunbury on 27 March 2007 of one count of assault occasioning bodily harm and one count of stealing a motor vehicle.
The assessor awarded a total of $26,417.60 made up as follows:
Injuries$24,500.00
Travel expenses $ 300.00
Medical report fees $ 1,329.00
Medical expenses $ 288.60
Total$26,417.60
Ms Krispyn is dissatisfied with the decision of the assessor because in her opinion the amount does not reflect the financial, emotional and physical injuries suffered by her. In her letter to the court she states:
The amount offered to me by the assessor does not include all of my loss of income, ongoing medical costs (medication), ongoing pain and suffering including panic and anxiety attacks, sleep problems, ongoing neck and back pain, headache and tinnitus (continuous ringing in ears all of which I still suffer from the assault which has now been nearly 4 years). I also suffer from agoraphobia and have trust issues.
Before the assault I was an outgoing person who loved to dance and enjoy life.
One explanation for why Ms Krispyn decided to appeal is that the covering letter sent with the assessor's determination made an arithmetical error and overstated the amount of the award at $52,817.20.
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- AGLC
- Re Krispyn [2011] WADC 161
- Case
- [2011] WADC 161
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the amount awarded by the Tribunal was commensurate with the injuries sustained by Krispyn. The court had to consider the nature and extent of the injuries, the impact on Krispyn's life, and whether the award reflected the gravity of the harm suffered. The appellant argued that the compensation was insufficient to cover the full extent of the injuries and their ongoing impact on his life.
The court examined the evidence and the principles of criminal injuries compensation. It found that the Tribunal had considered the appropriate factors but ultimately determined that the award did not fully reflect the severity of Krispyn's injuries and their long-term impact. The court held that the award was inadequate and remitted the matter back to the Tribunal for reassessment. The court emphasised the importance of ensuring that compensation accurately reflects the harm caused by criminal activity.
The final orders of the court were that the appeal be allowed, the original award set aside, and the matter remitted back to the Tribunal for reassessment and redetermination of the 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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