Woodward v Davies

This appeal arises from an assessment of compensation for injuries sustained by the appellant, Luke Andrew Woodward, following an assault in April 2016. The respondents, who have pleaded guilty to their involvement in the assault, did not appear at the hearing of the appeal. The primary issues before the court were whether compensation could be awarded and, if so, the appropriate quantum. The court found that the appellant was the victim of a compensable proven offence and that there was no bar to the making of a compensation order. However, the court found that the appellant was not the victim of a compensable alleged offence. The court assessed the appellant's claim on the basis that he suffered a swollen left eye, a blood nose, and a fractured and eventual removal of tooth 11. The court also found that the appellant suffered distress, discomfort and pain and some social anxiety for a reasonable but limited period of time following the assault. The court awarded the appellant $18,000 for non-pecuniary loss, $3,082.25 for past medical expenses, $8,876.50 for future medical expenses, $150 for travel expenses, and $3,136 for the cost of reports. The total award was $33,244.75, less compensation received, resulting in a total payable of $32,494.75.

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.