Re Puterangi

Case [2017] WADC 168


PUTERANGI [2017] WADC 168



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2017] WADC 168
Case No:APP:2/201730 AUGUST 2017
Coram:DAVIS DCJ22/12/17
PERTH
32Judgment Part:1 of 1
Result: Appeal allowed
Compensation awarded
PDF Version
Parties:WILLIAM PEIOWHAIRANGI PUTERANGI

Catchwords:

Criminal injuries compensation
Two alleged offences
Appeal from assessor's refusal to award compensation for second alleged offence
Whether victim committed a separate offence
Whether victim by his behaviour contributed to his injuries
Whether the two alleged offences are related
Assessment of compensation
Turns on own facts

Legislation:

Criminal Injuries Compensation Act 2003 s 17, s 39, s 41

Case References:

A v D (1994) 11 WAR 481
Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29
B v W (1989) 6 SR (WA) 79
BKW v JFO [2003] WADC 274
Bodney v Assessor of Compensation (2000) 24 SR (WA) 299
Bull v Hobbs [2009] WADC 128
CKM [2008] WADC 79
DNA v Britten (1995) 14 SR (WA) 325
Egitmen v The State of Western Australia [2016] WASCA 214
Fagan v Crimes Compensation Tribunal [1982] HCA 49; (1982) 150 CLR 666
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Green v Lee (1996) 17 SR (WA) 93
Hill v Clarke [2015] WADC 93
Hutchings v Lachlan [2012] WADC 89
Insurance Commission of Western Australia v Weatherall [2007] WASCA 264
Kaporonovski v The Queen (1973) 133 CLR 209
Lewington v The Assessor for Criminal Injuries Compensation [2005] WADC 200
Lloyd v Small (1996) 16 SR (WA) 111
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638
McDavitt v McDavitt [2013] WADC 22
MES v KG (1995) 12 SR (WA) 330
MJN v MAJS (2003) 35 SR (WA) 219
Re ATS [2017] WADC 92
Re Bianchi [2012] WADC 147
Re Carter (1984) 4 SR (WA) 219
Re Dunne [2014] WADC 131
Re Piggott [2017] WADC 150
Re TLJ [2016] WADC 74
Re VPAN [2011] WADC 40 [14]
S v Neumann (1995) 14 WAR 452
Stocker v Loeper [2001] WASC 176
TLW v RBC [2001] WADC 244
Zadeh [2015] WADC 136


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
LOCATION : PERTH CITATION : PUTERANGI [2017] WADC 168 CORAM : DAVIS DCJ HEARD : 30 AUGUST 2017 DELIVERED : 22 DECEMBER 2017 FILE NO/S : APP 2 of 2017 MATTER : IN THE MATTER of Part VII of the Criminal Injuries Compensation Act 2003

    AND

    IN THE MATTER of an Appeal by
BETWEEN : WILLIAM PEIOWHAIRANGI PUTERANGI
    Appellant


ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : H PORTER

File No : CI 00755 of 2016


Catchwords:

Criminal injuries compensation - Two alleged offences - Appeal from assessor's refusal to award compensation for second alleged offence - Whether victim committed a separate offence - Whether victim by his behaviour contributed to his injuries - Whether the two alleged offences are related - Assessment of compensation - Turns on own…

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Details
AGLC
Re Puterangi [2017] WADC 168
Case
[2017] WADC 168
Decision Date

CaseChat Overview and Summary

In the case of Re Puterangi, the applicant sought compensation for injuries sustained during an alleged assault. The dispute centred on whether the assessor's decision to deny compensation for the second alleged offence was legally sound. The matter was brought before the court for review. The applicant argued that the denial of compensation for the second offence was unjust and that his actions did not contribute to his injuries or constitute a separate offence. The court was required to determine whether the two alleged offences were distinct and if the applicant's behaviour contributed to his injuries. Furthermore, the court had to assess whether the two alleged offences were related and how this affected the compensation award.

The court meticulously examined the legal principles governing compensation for criminal injuries. It considered the definition of separate offences, the relevance of the victim's conduct in contributing to their injuries, and the criteria for assessing compensation. The court found that the assessor's conclusion that the two alleged offences were related was flawed. It held that the applicant's conduct did not amount to a separate offence and that his actions did not contribute to his injuries. The court emphasised that each alleged offence should be assessed independently to determine the appropriate level of compensation.

After a detailed analysis of the evidence and the applicable legal standards, the court determined that the assessor's decision was incorrect. It allowed the appeal and awarded compensation for the second alleged offence. The court stressed that the two alleged offences were distinct and that the applicant's conduct did not contribute to his injuries. The court concluded that the applicant was entitled to compensation for the injuries sustained during both alleged offences.

Orders

Orders of the court

Appeal allowed

Compensation awarded

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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