JURISDICTION : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

ACT : CRIMINAL INJURIES COMPENSATION ACT 2003

CITATION : A [2022] WACIC 5

CORAM : C F HOLYOAK-ROBERTS

DELIVERED : 28 APRIL 2022

FILE NO/S : CIC 2673 of 2021

BETWEEN : A
Applicant

Catchwords:

Police officer injured during course of work – Turns on own facts

Legislation:

Criminal Injuries Compensation 2003, s 3, s 12, s 18, s 19, s 64

Result:

Compensation awarded

Representation:

Counsel:

Applicant : Not applicable

Solicitors:

Applicant : Youth Legal Service

Case(s) referred to in decision(s):

Nil

Reasons for Decision:

1 “A” (the applicant), who was born on 22 April 1996 made an application on 7 December 2021 for compensation for injuries he suffered as a consequence of an offence which occurred on 15 July 2019 at High Wycombe (the offence) when he was assaulted by “B” (the offender). On 22 March 2022 I awarded the applicant $1,500 compensation for injuries he suffered as a consequence of the offence. By letter dated 13 April 2022, the offender’s solicitors, Youth Legal Service, requested reasons for decision which are set out below.
2 The application was made pursuant to section 12 of the Criminal Injuries Compensation Act 2003 (the Act) which authorises an assessor to award compensation if satisfied for the claimed injury and any claimed loss which occurred as a consequence of the commission of a proved offence. A proved offence is defined in section 3 of the Act.
3 The offender entered a plea of guilty to the charge of assault public officer on 27 August 2019 in relation to the offence. I was therefore satisfied a proved offence as defined in the Act was constituted. The facts of the offence were set out in the police incident report as follows:
At about 4.30pm on Monday 15th July 2019 the accused was at her home address of [redacted], High Wycombe. Paramedics and Police were called to the address by the accused’s carer.
The accused had begun to self-harm and cut herself causing injury.
Due to the nature and known behaviour of the accused, Constable “A” was waiting in an adjacent alley in case the accused fled the house. At the time police had justified cause for concern as the accused was a child in need of immediate care and psychiatric attention. As police and paramedics entered the front door, the accused jumped a side fence into the alley and observed Constable “A” who was in full uniform.
The accused attempted to flee but was apprehended and detained by Constable “A”.

She attempted to escape by resisting and kicked Constable “A” to his groin causing immediate pain and discomfort.
The accused was successfully detained and conveyed to the Perth Children’s Hospital by police for assessment.
On Wednesday 17th of July 2019 the accused was arrested at her home and her bail refused.

4 Pursuant to section 19 of the Act, a notice was issued to the offender advising her of the application and inviting her to make any submissions in relation to it within 21 days of that letter. She was advised an award may be made to the applicant in which case the State may seek to recover some or all of that amount from her. No response was received to that notification.
5 In support of his application, the applicant provided a victim impact statement dated 7 December 2021. He described himself as being born and raised in Australia and of Japanese heritage maternally. Prior to the incident he had no concerns in relation to his culture or heritage. He is a serving police officer who joined the police force when he was 20 years of age (he was 25 years at the time of the victim impact statement) and enjoyed being a police officer. He also held an Associate Degree in Criminology and Justice. He said at the time of the offence he was 23 years of age and was assaulted by the applicant, a person who he was trying to help. He was a junior police officer working at a Police Station at the time. This was the first time he had been assaulted and it took him by surprise. He was also racially abused which is supported by the contents of his statement to police dated 21 July 2019. He said he had previously helped the offender and was responding to a call from St John Ambulance officers requesting assistance. The possibility of being assaulted did not cross his mind. Whilst he was attempting to provide assistance he said the offender assaulted him and made derogatory comments about his ethnicity. He said as a result of the assault he suffered pain and discomfort in his groin and stomach for many weeks and was unable to go about his daily activities. He said he did not take any time off work or obtain medical treatment as he was too embarrassed and ashamed. The assault shocked him and affected him emotionally. Since the incident he had been doubting his career choice and felt anxious when responding to jobs or speaking with the public. He is fearful of being assaulted again particularly if he lets his guard down which affects the way he goes about his work activities. He said his personal life was also affected. He felt anxious and less motivated. He is short tempered and less enthusiastic, negatively affecting his relationship with his friends and family. His relationship with his partner ended shortly after the incident, she telling him he had changed and describing him as being hard to connect with. He said he no longer plays soccer or team sports because he found it hard to enjoy the activities. He felt vulnerable, on edge and anxious on his days off.

6 I was satisfied the applicant suffered physical injury by way of immediate pain and discomfort to his groin which lasted for a period of time. I was satisfied the applicant had a psychological reaction to the incident which was enduring in nature. Whilst the applicant did not seek medical attention, I was satisfied these injuries were suffered by the applicant on the information provided in his victim impact statement and as outlined in the incident report and pursuant to section 18(2) of the Act determined this information informed me in the manner I saw fit as to the applicant’s injuries. Therefore, I awarded the applicant the sum of $1,500 for his physical and incident related psychological symptoms.
7 Pursuant to section 64(3)(a) and (c) of the Act I prohibit publication of any particular of this reasons that is likely to lead members of the public to identify the applicant or offender.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Criminal Injuries Compensation Assessor of Western Australia.

C F Holyoak-Roberts, CHIEF ASSESSOR OF CRIMINAL INJURIES COMPENSATION

4 JULY 2023