RE TLJ [2016] WADC 74
| DISTRICT COURT OF WESTERN AUSTRALIA | Citation No: | [2016] WADC 74 | |
| Case No: | APP:60/2015 | 11 DECEMBER 2015, 29 JANUARY & 15 APRIL 2016 | |
| Coram: | GOETZE DCJ | 20/05/16 | |
| PERTH | |||
| 20 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Compensation awarded: $15,000 | ||
| PDF Version |
| Parties: | TLJ |
Catchwords: | Criminal injuries compensation Appeal from assessor's decision to refuse award Alleged sexual abuse by father Father not charged Psychological injury Other matters also causing psychological harm Disentangling consequences of offence from other psychological harm Turns on own facts |
Legislation: | Criminal Injuries Compensation Act 2003 Evidence Act 1906 The Criminal Code |
Case References: | Bird v The Commonwealth of Australia (1998) 165 CLR 1 Briginshaw v Briginshaw (1938) 60 CLR 336 Gallo v Dawson (1990) 93 ALR 479 Gleeson v Lee (1996) 18 SR (WA) 353 Hinchliffe v Hinchliffe [2010] WADC 78 M v J and J v J (Unreported, WASC, Library No 920598, 19 November 1992) March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Mineralogy Pty Ltd v Chief Executive Officer, Department of Environment Regulations [2014] WASC 468 Pfennig v The Queen (1995) 182 CLR 461 Re McHenry [2014] WADC 92 Re Prefumo [2013] WADC 127 S v Neumann (1995) 14 WAR 452 Zadeh [2015] WADC 136 |
JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
- IN CIVIL
AND
IN THE MATTER of an Appeal by
- Appellant
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram : L V DEMPSEY
File No : CI 000792 of 2014
Catchwords:
Criminal injuries compensation - Appeal from assessor's decision to refuse award - Alleged sexual abuse by father - Father not charged - Psychological injury - Other matters also causing psychological harm - Disentangling consequences of offence from other psychological harm - Turns on own facts
Legislation:
Criminal Injuries Compensation Act 2003
Evidence Act 1906
The Criminal Code
Result:
Appeal allowed
Compensation awarded: $15,000
Representation:
Counsel:
Appellant : In person
Amicus Curiae : Mr L Nicholls appeared on behalf of the Chief Executive Officer of the Department of the Attorney General
Solicitors:
Appellant : Not applicable
Amicus Curiae : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Bird v The Commonwealth of Australia (1998) 165 CLR 1
Briginshaw v Briginshaw (1938) 60 CLR 336
Gallo v Dawson (1990) 93 ALR 479
Gleeson v Lee (1996) 18 SR (WA) 353
Hinchliffe v Hinchliffe [2010] WADC 78
M v J and J v J (Unreported, WASC, Library No 920598, 19 November 1992)
March v E & MH Stramare Pty Ltd (1991) 171 CLR 506
Mineralogy Pty Ltd v Chief Executive Officer, Department of Environment Regulations [2014] WASC…
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- AGLC
- Re TLJ [2016] WADC 74
- Case
- [2016] WADC 74
- Decision Date
CaseChat Overview and Summary
The case of Re TLJ involved a claimant seeking criminal injuries compensation following allegations of sexual abuse by their father. The father was never charged, and the dispute arose when an assessor refused to award compensation. The claimant sought to appeal this decision. The primary legal issues centred on the claimant's psychological injury and whether it was solely attributable to the alleged offences or if other factors contributed to their psychological harm. The central question was whether the consequences of the alleged offence could be disentangled from other psychological harm experienced by the claimant.
The court examined the evidence and circumstances surrounding the claimant's psychological injury. It considered whether the alleged abuse was the sole cause of the harm or if other contributing factors were present. The court acknowledged the complexity of disentangling the consequences of the offence from other psychological harm. It noted that while the alleged abuse was a significant factor, other matters also contributed to the claimant's psychological state. Ultimately, the court found that the claimant was entitled to compensation, recognising the impact of the alleged offences on their mental health.
The court allowed the appeal and awarded compensation of $15,000 to the claimant. The reasoning was based on the acknowledgment of the significant impact of the alleged abuse on the claimant's mental health, despite the presence of other contributing factors. The decision highlighted the importance of considering the unique facts of each case when determining criminal injuries compensation.
The court examined the evidence and circumstances surrounding the claimant's psychological injury. It considered whether the alleged abuse was the sole cause of the harm or if other contributing factors were present. The court acknowledged the complexity of disentangling the consequences of the offence from other psychological harm. It noted that while the alleged abuse was a significant factor, other matters also contributed to the claimant's psychological state. Ultimately, the court found that the claimant was entitled to compensation, recognising the impact of the alleged offences on their mental health.
The court allowed the appeal and awarded compensation of $15,000 to the claimant. The reasoning was based on the acknowledgment of the significant impact of the alleged abuse on the claimant's mental health, despite the presence of other contributing factors. The decision highlighted the importance of considering the unique facts of each case when determining criminal injuries compensation.
Orders
Orders of the court
Appeal allowed
Compensation awarded: $15,000
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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