JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: TURNER -v- DINSDALE [2023] WADC 153
CORAM: MIOCEVICH DCJ
HEARD: 17 JUNE 2022
DELIVERED : 21 DECEMBER 2023
FILE NO/S: APP 79 of 2021
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
BETWEEN: JAKE LEE TURNER
Appellant
AND
HARLEE DINSDALE
Respondent
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: R A CAPARARO
File Number : CIC 151/2020
Catchwords:
Criminal injuries compensation - Appeal - Assessor found appellant disentitled to compensation by arming himself with a baseball bat - Offences of going armed in public and possession of a weapon - Lawful authority to possess a baseball bat - Defence of duress - Lawful authority to arm oneself pursuant to s 244 and s 254 Criminal Code
Legislation:
Criminal Code Act Compilation Act 1913 (WA), s 1, s 31, s 32, s 36, s 64, s 68, s 244, s 248, s 254, s 445
Criminal Injuries Compensation Act 2003 (WA), s 3, s 6, s 12, s 39, s 41, s 55, s 56
Weapons Act 1999 (WA), s 4, s 8, s 9, s 25, s 31
Result:
Appeal allowed
Compensation award $75,000
Representation:
Counsel:
| Appellant | : | Mr V G Kurup |
| Respondent | : | No appearance |
| Amicus Curiae | : | Mr Z R Clifford appeared on behalf of the Chief Executive Officer of the Department of Justice |
Solicitors:
| Appellant | : | CLP Legal Pty Ltd |
| Respondent | : | Not applicable |
| Amicus Curiae | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Hall v Collins [2003] WASCA 74
Kittelty v Davies [2011] WADC 1
Kunakool v Boys (1987) 77 ALR 435
Lau v The State of Western Australia [2017] WASCA 16
Mackinlay v Wiley [1971] WAR 3
Marchesano v The State of Western Australia [2017] WASCA 177
Morgan v Cramer [2019] WASC 68
Phillips v Mettam [2022] WADC 49
Re Puterangi [2017] WADC 168
MIOCEVICH DCJ:
This is an appeal against an assessor refusing an application for criminal injuries compensation.
The respondent was convicted after trial of committing an offence of doing an act as a result of which bodily harm was caused to the appellant.
The assessor found the appellant had committed an offence of going armed in public, by arming himself with a baseball bat prior to being shot by the respondent. The appellant was therefore found to be disentitled to compensation.
The appellant argues he was not committing an offence as he was acting in self defence and is therefore entitled to compensation.
This is a hearing de novo. For reasons that follow, I am satisfied on the balance of probabilities the appellant was not committing an offence and is entitled to compensation.
History of application
An application for compensation was made pursuant to s 12 of the Criminal Injuries Compensation Act 2003 (WA) (CICA), on the…
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- Turner v Dinsdale [2023] WADC 153
- Case
- [2023] WADC 153
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the appellant's possession and use of the baseball bat fell under the category of lawful authority as per sections 244 and 254 of the Criminal Code. It also needed to assess whether the defence of duress could apply in the context of the appellant arming himself with the bat. The court examined the circumstances under which the appellant claimed to have acted under duress and whether this could provide a lawful basis for possessing and using the bat.
The court found that the appellant did not have lawful authority to possess or arm himself with the baseball bat as there was no evidence to support the claim of duress. The appellant's actions were self-initiated and not compelled by immediate threat or coercion. The court concluded that the appellant's possession and use of the bat did not fall within the exceptions provided by the Criminal Code and that the defence of duress was not applicable in this scenario. Consequently, the decision of the assessor was upheld, and the appellant's claim for criminal injuries compensation was dismissed.
The court's final order was to affirm the decision of the assessor, rejecting the appellant's claim for criminal injuries compensation. The appellant was not entitled to compensation as he had armed himself with a baseball bat, which was not considered lawful under the circumstances.
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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