Re Robinson

Case [2017] WADC 18


ROBINSON [2017] WADC 18



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2017] WADC 18
Case No:APP:77/20161 FEBRUARY 2017
Coram:TROY DCJ10/02/17
PERTH
13Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:JOSEPH MARK ROBINSON

Catchwords:

Criminal injuries compensation
Appeal from assessor's refusal to award compensation by reason of lack of proof of alleged offences
Whether alleged offences proven on a balance of probabilities

Legislation:

Criminal Injuries Compensation Act 2003

Case References:

BAS v The Estate of NAS [2000] WASCA 270
Egitmen v The State of Western Australia [2016] WASCA 214
Green v Lee (1996) 17 SR (WA) 93
Gullelo v Halloran [2008] WADC 145
Hogben v Darcy [2009] WADC 63
Lau v State of Western Australia [2017] WASCA 16
Re Jackamarra [2014] WADC 9
Re Tilbury [2010] WADC 46
Robinson [2016] WACIC 11


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : ROBINSON [2017] WADC 18 CORAM : TROY DCJ HEARD : 1 FEBRUARY 2017 DELIVERED : 10 FEBRUARY 2017 FILE NO/S : APP 77 of 2016 MATTER : IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003 BETWEEN : JOSEPH MARK ROBINSON
    Appellant


ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : ASSESSOR HOLYOAK-ROBERTS

File No : CI 2554 of 2014


Catchwords:

Criminal injuries compensation - Appeal from assessor's refusal to award compensation by reason of lack of proof of alleged offences - Whether alleged offences proven on a balance of probabilities

Legislation:

Criminal Injuries Compensation Act 2003

Result:

Appeal dismissed


Representation:

Counsel:


    Appellant : Mr N F Morrissey

    Amicus Curiae : Mr A L Mason appeared on behalf of the Chief Executive Officer of the Department of the Attorney General

Solicitors:

    Appellant : CLP Legal Pty Ltd

    Amicus Curiae : State Solicitors Office


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

BAS v The Estate of NAS [2000] WASCA 270
Egitmen v The State of Western Australia [2016] WASCA 214
Green v Lee (1996) 17 SR (WA) 93
Gullelo v Halloran [2008] WADC 145
Hogben v Darcy [2009] WADC 63
Lau v State of Western Australia [2017] WASCA 16
Re Jackamarra [2014] WADC 9
Re Tilbury [2010] WADC 46
Robinson [2016] WACIC 11
    TROY DCJ:




Introduction

1 On 30 June 2014 the appellant, Mr Robinson made an application under the Criminal Injuries Compensation Act 2003(WA) (the Act) for compensation for injuries suffered by him as a consequence of the commission of an alleged assault on 17 September 2012.

2 The person said to be responsible for the alleged assault was interviewed by police. He was never charged with any criminal offence, however, and so the application was brought under s 17 of the Act.

3 By letter dated 20 September 2016 the assessor refused the application for the reasons subsequently delivered on 21 October 2016 in Robinson [2016] WACIC 11.

4 The assessor found that Mr Robinson was involved in an incident…

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AGLC
Robinson [2017] WADC 18
Case
[2017] WADC 18
Decision Date

CaseChat Overview and Summary

The case of Re Robinson involved an appeal against an assessor's decision to refuse criminal injuries compensation to the applicant on the grounds that the alleged offences upon which the applicant's injuries were based were not proven. The dispute was heard and determined by the Supreme Court of Victoria.

The central legal issue before the court was whether the applicant had successfully proven, on the balance of probabilities, that they had committed the alleged offences. The court had to consider the evidence presented by the applicant and assess whether it met the required standard of proof. In particular, the court examined the credibility of the applicant's testimony and the evidence provided in support of the alleged offences.

In delivering the judgment, the court held that the applicant had not proven the alleged offences on the balance of probabilities. The court found that the applicant's evidence was not sufficiently reliable or credible to establish the commission of the offences. Consequently, the appeal was dismissed, and the original decision of the assessor to refuse compensation was upheld.

No further orders were made by the court.

Orders

Orders of the court

Appeal dismissed

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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