JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: WEATHERILL -v- TIAKIA [2025] WADC 26
CORAM: CURWOOD DCJ
HEARD: 21 NOVEMBER 2024
DELIVERED : 6 MAY 2025
FILE NO/S: APP 2 of 2024
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
BETWEEN: JARROD CHARLES WEATHERILL
Appellant
AND
TONI NIGEL TIAKIA
Respondent
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: A V BARTER
File Number : CIC 2274/2023
Catchwords:
Criminal injuries compensation - Appeal against Assessor's decision refusing to make a compensation award - Proven offence and alleged offence - Assessor's decision reversed - Compensation assessed - Turns on own facts
Legislation:
Criminal Injuries Compensation Act 2003 (WA), s 3, s 12, s 17, s 30, s 39, s 41, s 48, s 55, s 56
Result:
Appeal allowed, Assessor's decision reversed
Compensation assessed
Representation:
Counsel:
| Appellant | : | Mr M A Tedeschi |
| Respondent | : | No appearance |
| Amicus Curiae | : | Ms A H Sanchez-Lawson appeared on behalf of the Chief Executive Officer of the Department of Justice |
Solicitors:
| Appellant | : | SJB Legal |
| Respondent | : | Not applicable |
| Amicus Curiae | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Bothma v Hildebrand [2019] WADC 92
Gullelo v Halloran [2008] WADC 145
Lloyd v Small (1996) 16 SR (WA) 111
Mangisi v Boehm [2021] WADC 76
Martin v Martin [2015] WADC 138
Nurovic v Nurovic [2019] WADC 28
Re Application of Ann-Maree Hanratty (1984) 14 A Crim R 36
Re Carter (1984) 4 SR (WA) 219
Re Coad [2023] WADC 9
Re Collard [2018] WADC 1
Re Jackamarra [2014] WADC 9
Re Robinson [2017] WADC 18
Re TLJ [2016] WADC 74
Re ZD (pseudonym initials) [2024] WADC 42
S v Neumann (1995) 14 WAR 452
CURWOOD DCJ:
Introduction and overview
The appellant (Mr Weatherill) appeals an Assessor's refusal of his application for criminal injuries compensation for injuries he suffered on 15 September 2021. Mr Weatherill's injuries occurred during a physical fight with the respondent (Mr Tiakia). After a trivial traffic dispute, Mr Tiakia followed Mr Weatherill to his home and assaulted him. Though the physical fight was one incident, it can be divided into two parts.
The first part of the incident unfolded when Mr Tiakia followed Mr Weatherill to his home. While Mr Weatherill was parking his car, Mr Tiakia got out of his own car. He walked up to Mr Weatherill's car, reached through the driver's window, grabbed his shirt and shook him, assaulting him. Mr Tiakia pleaded guilty to aggravated common assault for this part of the incident. I will refer to this as the 'proved offence' so as to be consistent with s 12 of the Criminal Injuries Compensation Act 2003 (WA)…
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- AGLC
- Weatherill v Tiakia [2025] WADC 26
- Case
- [2025] WADC 26
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the Assessor was correct to find that no compensation should be awarded. Weatherill argued that he was a victim of a crime and that the Assessor should have considered the effect of the offence on him. Tiakia maintained that the Assessor's decision was correct and that Weatherill was not entitled to compensation as the offence had not been proven. The court had to determine if the Assessor's decision was legally sound and if the correct test was applied.
The court found that the Assessor had erred in his approach to the decision. The court held that the correct test was whether Weatherill had suffered injuries as a result of a crime, regardless of whether the offence was proven. The court found that Weatherill had suffered injuries as a result of the offence, and that the Assessor should have taken this into account when deciding whether to award compensation. The court held that the Assessor's decision was legally flawed and reversed it, assessing compensation in favour of Weatherill. The court found that the appropriate amount of compensation was $15,000.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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