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Criminal Compensation Appeal Successful

On 7 AUGUST 2015 welcome news was that our appeal of our client’s Criminal Injuries Compensation assessment was successful [2015] WADC 136. Our client had been awarded $4,772 (which included an interim payment in the sum of $1,172 for medical expenses) for his injuries and losses he suffered in a “road rage” assault. We appealed that assessment and the award was increased to $75,000. Assessors don’t always get it right. Interestingly in our client’s case the offenders who had assulted him could not be found. However, a person who suffers injury as a consequence of the commission of an alleged offence, where no person is charged with the alleged offence, may still apply for compensation for that injury and any loss suffered (see s 17(1) and s 17(2) of the CIC Act). Mental and nervous shock is included in the definition of ‘injury’: s 3 of the CIC Act.

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