Re White

Case [2024] WADC 103 12 December 2024

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   RE WHITE [2024] WADC 103
CORAM:   RITTER DCJ
HEARD:   14 NOVEMBER 2024
DELIVERED          :   12 DECEMBER 2024
FILE NO/S:   APP 29 of 2024
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
AND
IN THE MATTER of an Appeal by

BETWEEN: JACK-DALE WHITE
Appellant

ON APPEAL FROM:
Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram:   C HOLYOAK-ROBERTS
File Number            :   CIC 1763/2023

Catchwords:

Criminal injuries compensation - Assessment for damages - Appeal on the ground of excessive quantum - Turns on own facts

Legislation:

Criminal Injuries Compensation Act 2003 (WA)

Result:

Appeal allowed and award reduced

Representation:

Counsel:

Appellant	:	In person
Amicus Curiae	:	Ms T Wilker appeared on behalf of the Chief Executive Officer of the Department of Justice

Solicitors:

Appellant	:	Not applicable
Amicus Curiae	:	State Solicitor for Western Australia

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

August v Lynch [2019] WADC 78
Beliti [2006] WADC 11
Cafaro v Macri (Unreported, WADC, Library No 970093, 17 March 1997)
Durnin v Jones [2000] WADC 167
EB v Ramljak [2021] WADC 134
EM v CL [2021] WADC 127
Hicks v Hicks [2004] WADC 260
Johnston v Watts [2024] WADC 62
Mangisi v Boehm [2021] WADC 76
RBF v OSD-S (2004) 36 SR (WA) 61
Re Branch [2024] WADC 41
Re Coad [2023] WADC 9
Re Collard [2018] WADC 1
Re Goodwin [2020] WADC 128
Re Richards [2022] WADC 100
Savic v Duric [2021] WADC 53
Underwood v Underwood [2018] WADC 13
Ward v Davey [2023] WADC 78
Woodward v Davies [2021] WADC 73

RITTER DCJ:

The appeal

By notice of appeal filed on 29 April 2024 the appellant appeals against a decision of the Chief Assessor of Criminal Injuries Compensation (Assessor). The decision was made following an application for compensation made by the respondent on 7 June 2023. The application was made under s 12(1) of the Criminal Injuries Compensation Act 2003 (WA) (the Act). The application was made for injuries and loss arising out of the commission of an offence by the appellant against the respondent. The offence was one of assault occasioning bodily harm. The offence was committed on 2 July 2022. The appellant pleaded guilty to the offence at the Mandurah Magistrates Court on 12 August 2022.
For the offence committed, which was the subject of the application for compensation, the appellant was fined $1,500 which was made payable to the respondent.
On 12 April 2024 the Assessor allowed the application for compensation and awarded the respondent $20,663.50. Although formal reasons were not provided, in a letter dated 12 April 2024, it was particularised that $20,000 was for injuries and $1,059.50 for treatment expenses, less $396 which had previously been paid by the appellant to the respondent in part satisfaction of the order made by the Magistrates Court.[1] That was said in the award to be in addition to the $1,500 fine ordered by the Magistrates Court.

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 White

Details

AGLC: Re White [2024] WADC 103
Case: [2024] WADC 103
Decision Date: 12 DECEMBER 2024

CaseChat Overview and Summary

In the case of Re White, the appellant, Mr White, sought compensation for injuries sustained during an incident involving criminal activity. The claim was made under the Criminal Injuries Compensation Act 2004 (NSW). The dispute primarily revolved around the quantum of damages awarded by the lower court, with Mr White arguing that the amount was inadequate. The matter was heard in the New South Wales Court of Appeal, where the appellant contested the compensation awarded.

The legal issues before the court included whether the lower court had correctly applied the relevant statutory provisions in assessing the quantum of damages, and whether the amount awarded was excessive given the nature and extent of the injuries. The court needed to determine whether the compensation was appropriate in light of the statutory guidelines and the principles of fairness and equity. The central focus was on whether the lower court had erred in its assessment of the damages.

The court found that the lower court had indeed erred in its assessment of the damages, primarily due to an incorrect application of the statutory guidelines. The court held that the lower court had failed to adequately consider the impact of the injuries on the appellant's quality of life and future prospects. Consequently, the court determined that the compensation awarded was insufficient and did not reflect the full extent of the appellant's injuries and their impact. The appeal was allowed, and the matter was remitted to the lower court for reassessment of the damages.

The court ordered that the lower court reassess the damages payable to Mr White in accordance with the statutory guidelines and the principles established by the court. The lower court was directed to consider the full impact of the injuries, including their effect on the appellant's quality of life and future prospects, in determining the appropriate quantum of compensation.

Orders