JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: WOODWARD -v- DAVIES [2021] WADC 73
CORAM: PETRUSA DCJ
HEARD: 3 MAY 2021
DELIVERED : 22 JULY 2021
FILE NO/S: APP 75 of 2020
MATTER: IN THE MATTER OF Part 7 of the Criminal Injuries Compensation Act 2003
BETWEEN: LUKE ANDREW WOODWARD
Appellant
AND
CODY WIRI DAVIES
First Respondent
ELIJAH AOTOA JOHN LEILUA
Second Respondent
NOL SAMUEL KENNACH
Third Respondent
JUSHUAN PAGO BISHOP
Fourth Respondent
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: R CAPARARO
File Number : CIC 728 of 2019
Catchwords:
Criminal injuries compensation - Appeal - Proved offences - Violence - Injury or loss - PTSD - Amount of compensation - Turns on own facts
Legislation:
Nil
Result:
Appeal allowed
Compensation awarded increased to $32,494.75
Representation:
Counsel:
| Appellant | : | Mr J N Trigg |
| First Respondent | : | No appearance |
| Second Respondent | : | No appearance |
| Third Respondent | : | No appearance |
| Fourth Respondent | : | No appearance |
| Amicus Curiae | : | Ms I Inkster appeared on behalf of the Chief Executive Officer of the Attorney General |
Solicitors:
| Appellant | : | Stephen Browne Lawyers |
| First Respondent | : | Not applicable |
| Second Respondent | : | Not applicable |
| Third Respondent | : | Not applicable |
| Fourth Respondent | : | Not applicable |
| Amicus Curiae | : | State Solicitor's Office |
Case(s) referred to in decision(s):
Dimitrovska v The State of Western Australia [2015] WASCA 162; (2015) 253 A Crim Reports 407
M‑A G [2019] WADC 174
Re Dunne [2014] WADC 131
Re Puterangi [2017] WADC 168
PETRUSA DCJ:
Background
In the early hours of Sunday, 24 April 2016 the appellant was the victim of an assault that occurred on Smart Street, Mandurah. As a consequence of injuries sustained in the assault the appellant lodged an application for criminal injuries compensation on 19 April 2019. A second application was filed by his solicitors on 25 April 2019.
On 4 August 2020 the assessor of criminal injuries compensation awarded the appellant criminal injuries compensation in the sum of $28,127.
Subsequently, on 24 September 2020 the appellant's solicitors provided additional information including invoices for medical reports to the assessor. The additional medical information was dated between 4 November 2019 and 18 December 2019 some nine months before the assessment was undertaken. The assessor was prepared to include the cost of reports incurred prior to 4 August 2020 and amended the award accordingly. The assessor did not consider it within his jurisdiction to further reassess the award.
Consequently, on 12 October 2020 the assessor issued an amended award in the sum of $31,263. The amended award included an additional $3,136 for reports.
The amended award apportioned $29,263 to 'proved offences' and $2,000 to an 'alleged offence'. The assessor also made orders under s 45(1)(b) of the Criminal Injuries Compensation Act 2003 (WA) (CIC Act).
The appellant has appealed the amended award on the sole basis that the award was inadequate. The notice of appeal was filed within the required 21 days of the…
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- AGLC
- Woodward v Davies [2021] WADC 73
- Case
- [2021] WADC 73
- Decision Date
CaseChat Overview and Summary
The appeal is allowed and the decision of the assessor is set aside. The appellant is entitled to an award of $32,494.75. Only $13,500 may be the subject of proceedings under part 6 of the Criminal Injuries Compensation Act 2003 (WA) against the first respondent and only $1,500 may be the subject of proceedings against each of the second, third and fourth respondents.
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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