JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: SWEETMAN -v- LILLEY [2021] WADC 74
CORAM: TROY DCJ
HEARD: 21 JULY 2021
DELIVERED : 29 JULY 2021
FILE NO/S: APP 61 of 2020
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
BETWEEN: KEITH AARON SWEETMAN
Appellant
AND
JEMMA VICTORIA LILLEY
First Respondent
TRUDI CLARE LENON
Second Respondent
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: C F HOLYOAK-ROBERTS
File Number : CIC 2070 of 2019
Catchwords:
Criminal injuries compensation - Appeal - Proved offences - Psychological injury - Injury or loss - PTSD - Amount of compensation - Turns on own facts - Out of time
Legislation:
Criminal Injuries Compensation Act 2003 (WA)
Result:
Appeal allowed
Compensation awarded increased to $75,000
Representation:
Counsel:
| Appellant | : | Mr H J E Skinner |
| First Respondent | : | No appearance |
| Second Respondent | : | No appearance |
| Amicus Curiae | : | Mr C A Payne on behalf of the Chief Executive Officer of the Department of Justice |
Solicitors:
| Appellant | : | DLA Piper Australia - Perth |
| First Respondent | : | Not applicable |
| Second Respondent | : | Not applicable |
| Amicus Curiae | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Blezard v Chief Executive Officer of the Ministry of Justice [2000] WADC 41
Guy v Hampson [2019] WADC 19 [14]
Lilley v The State of Western Australia [2019] WASCA 164
Martin v Martin [2015] WADC 138
Michael v Panetta (1994) 10 SR (WA) 323
Moncrieff v Bishop [2007] WADC 198
R v Fraser [1975] 2 NSWLR 521
Re Hojetzki [2009] WADC 77
Robinson [2017] WADC 18
TROY DCJ:
On 13 June 2016 the respondents murdered Mr Keith Sweetman's only child, his 18-year-old son, Aaron Pajich-Sweetman. Aaron had autism. He was targeted for that reason. The respondents were convicted as charged. I am satisfied that Mr Sweetman suffered, as a consequence, severe, enduring and debilitating mental and nervous shock.
The egregious nature of this crime emerges from the decision of the Court of Appeal in Lilley v The State of Western Australia.[1]
[1] Lilley v The State of Western Australia [2019] WASCA 164.
On 13 June 2016, the respondents intentionally killed Mr Pajich at a residential property occupied by the respondents. Mr Pajich had been attacked with a knife and a wire garrotte. The garrotte caused fine abraded bruising to his neck. He was stabbed three times with the knife. Two of the stab wounds, one to his neck and the other to his chest, were fatal. Mr Pajich also suffered some defensive wounds to his hands. Police had found Mr Pajich's body buried in the backyard of the property. His body was wrapped in a white rubber-backed drop sheet and covered by a blue tarpaulin. A cement pad and red tiles had been placed over the burial site.
In his sentencing remarks on 28 February…
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- AGLC
- Sweetman v Lilley [2021] WADC 74
- Case
- [2021] WADC 74
- Decision Date
CaseChat Overview and Summary
The court was required to determine several key legal issues. Firstly, whether Sweetman's claim for compensation was time-barred as it was filed beyond the statutory deadline. Secondly, whether the psychological injury Sweetman suffered, namely PTSD, constituted a compensable injury under the relevant statutory provisions. Finally, if the claim was valid, the court had to determine the appropriate amount of compensation.
The court found that the appellant's claim was indeed out of time, as it was not lodged within the statutory period allowed for such claims. The court emphasised that strict compliance with statutory time limits for filing claims is essential. Regarding the compensable injury, the court noted that while PTSD is recognised as a legitimate psychological injury, the circumstances of this case did not meet the threshold for compensation. The court concluded that the appellant's injuries did not result directly from the criminal acts, as required by the legislation. Consequently, the court dismissed the appeal, upholding the earlier decision that the claim was time-barred and that the injuries did not qualify for compensation.
Orders
Orders of the court
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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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