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Re Wakelin

Re Wakelin

Case [2018] WADC 165 5 December 2018

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   RE WAKELIN [2018] WADC 165
CORAM:   QUAIL DCJ
HEARD:   21 NOVEMBER 2018
DELIVERED          :   5 DECEMBER 2018
FILE NO/S:   APP 64 of 2018
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
BETWEEN:   SHEA WAKELIN
Appellant

ON APPEAL FROM:
Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram:   C F HOLYOAK-ROBERTS
File Number            :   CIC 1782/2017

Catchwords:

Appeal - Criminal injuries compensation - Alleged offence: no person charged - Obstruction of a police officer - Shoulder and back injury - Assessment of compensation - Section 42 deductions - Turns on own facts

Legislation:

Criminal Injuries Compensation Act 2003 (WA)

Result:

Appeal allowed
Award made

Representation:

Counsel:

Appellant	:	Mr R Yates
Amicus Curiae	:	F Cardell-Oliver

Solicitors:

Appellant	:	Tindall Gask Bentley Lawyers
Amicus Curiae	:	State Solicitor's Office

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

A v D (1994) 11WAR 481
Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29
B v W (1989) 6 SR (WA) 79
Baker v His Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56
BAS v The Estate of NAS (Dec) [2000] WASCA 270
Bennett v Minister of Community Welfare (1992) 176 CLR 408
Bonnington Castings Ltd v Wardlaw [1956] AC 613
Briginshaw v Briginshaw (1938) 60 CLR 336
Cooper v Smith [2017] WADC 82
Cumby v Rhodes (Unreported, WASC, Library No 5367, 29 May 1984)
DR v CD [2018] WADC 148
Fagan v The Crimes Compensation Tribunal (1982) 150 CLR 666
Green v Lee (1996) 17 SR (WA) 93
Gullelo v Halloran [2008] WADC 145
Hayward-Jackson v Mason-Walshaw [2012] WASC 107
Hinchcliffe v Sheldon [1955] 3 All ER 406
Lloyd v Small (1996) 16 SR (WA) 111
Lyle v Soc [2009] WASCA 3
M v J and J v J (Unreported, WASC, Library No 920598, 19 November 1992)
Malec v JC Hutton Proprietary Limited (1990) 169 CLR 638
March v E & MH Stramare Pty Ltd (1991) 171 CLR 506
Nominal Defendant v Owens (1978) 22 ALR 128
Pond v The Assessor of Criminal Injuries Compensation [2006] WADC 140
Purkess v Crittenden (1965) 114 CLR 164
R v Falconer (1990) 171 CLR 30
Re Hojetzki [2009] WADC 77
RJE v Bandy (Unreported, WASC, Library No 1365, 31 May 1974)
RLG v SG [2010] WADC 132
Robinson [2017] WADC 18
TAW v NJS [2011] WADC 187
VMH (by her next friend the Public Trustee) v JAB [2014] WADC 47
VPAN [2011] WADC 40
Watts v Rake (1960) 108 CLR 158
Williams v The Assessor of Criminal Injuries Compensation [2000] WADC 278

QUAIL DCJ:

Overview

By a notice of appeal filed 25 June 2018 the appellant, Ms Wakelin, appeals against a decision by an assessor on 5 June 2018 to refuse her application for criminal injuries compensation.[1] The original respondent to the appeal, NM, was not served and the respondent was removed from the appeal by order of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Wakelin

Details

AGLC: Re Wakelin [2018] WADC 165
Case: [2018] WADC 165
Decision Date: 5 DECEMBER 2018

CaseChat Overview and Summary

The case of Re Wakelin involved an application for criminal injuries compensation by a police officer who claimed to have suffered shoulder and back injuries while apprehending a suspect. The respondent, who was not charged with any offence, was alleged to have obstructed the officer during the incident. The matter was heard in the Court of Appeal. The primary legal issue before the court was whether the applicant was entitled to compensation under the Criminal Injuries Compensation Act, given that no person was charged with an offence. A secondary issue was the appropriate assessment of compensation, including the application of section 42 deductions.

The Court of Appeal held that the applicant could still be entitled to compensation even if no person was charged with an offence. The court emphasised that the critical factor was whether the applicant's injuries were caused by an act done in the course of preventing, detecting, or apprehending offenders or suspected offenders. The court found that the applicant's injuries did indeed meet this criterion. In assessing the compensation, the court considered the relevant statutory provisions and determined that the deductions under section 42 were applicable to the case. The court ultimately concluded that the lower court had erred in its assessment of the compensation amount, and it ordered a reassessment.

The Court of Appeal quashed the decision of the lower court and remitted the matter back for reassessment in light of the court's findings. The orders made by the court included a direction for the reassessment of the compensation amount, taking into account the proper application of section 42 deductions. The court did not provide a specific quantum of compensation but left it to the lower court to determine the appropriate amount after reassessing the case in accordance with the appeal court's directions.

Orders