The State of South Australia v Anthony Troy Richards, Douglas Wayne Sansbury and Clifford James Wanganeen No. Scgrg-97-506 Judgment No. 6320 Number of Pages 9 Criminal Law

This case involves an appeal by the State of South Australia against a decision of the District Court which had reduced the compensation payable to the respondents under the Criminal Injuries Compensation Act 1978. The respondents were Anthony Troy Richards, Douglas Wayne Sansbury, and Clifford James Wanganeen. They sought compensation for injuries they suffered during an incident in which they attempted to steal marijuana from a house. The key legal issue was whether the respondents' entitlement to compensation should be reduced or eliminated under section 7(9) of the Act, which allows for the consideration of the conduct of the victim that contributed to their injury, including any criminal activity. The State argued that the respondents should not receive any compensation at all or that the reduction should be greater than 60 per cent.

The Full Court of the Supreme Court of South Australia dismissed the appeal. The Court found that the respondents' conduct was unlawful and contributed to the injury they suffered, which warranted a significant reduction in compensation. However, the Court held that their unlawful conduct did not automatically disqualify them from receiving any compensation. The Court also noted that the householder's response, which resulted in one of the respondents being killed, was disproportionate and more serious than the respondents' conduct. The Full Court concluded that the judge's decision to reduce the compensation by 60 per cent was not an error in principle, and the court should not interfere with the percentage fixed. The appeal was dismissed.