Robertson v Baker (Criminal Injuries)

The decision in Robertson v Baker [2014] WADC 14 was an appeal by the perpetrator from the decision of the Assessor in a Criminal Injuries Compensation claim awarding the statutory maximum of $75,000 the victim (our client). The Judge found that the victim’s workers compensation payments had to be deducted from any award of compensation in their entirety and after the imposition of the statutory maximum. This means that if a victim receives more than $75,000 compensation from another source, he or she cannot claim Criminal Injuries Compensation. This decision is disappointing and, if correct, will prevent many victims of crime from making claims, where they have received compensation from another source.