JURISDICTION : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

CITATION : ALKAISI [2024] WACIC 2

CORAM : C F HOLYOAK-ROBERTS

DELIVERED : 16 JULY 2024

FILE NO/S : CIC 3346 of 2023

BETWEEN : ALIA ABDUL-HASSAN ABDUL JALIL ALKAISI
Applicant

Catchwords:

Assessment of damages – Psychological injury – No medical evidence

Legislation:

Criminal Injuries Compensation 2003, s 3, s 12, s 35, s 45

Result:

Compensation granted

Representation:

Counsel:

Applicant : Not applicable

Solicitors:

Applicant : Not applicable

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

Nil

Reasons for Decision:

1 Alia Abdul-Hassan Abdul Jalil Alkaisi (applicant) who was born on 19 May 1990 has made an application for compensation for an incident which occurred on 12 December 2022 at Exmouth. The application was lodged on 21 October 2023. On 24 November 2023 I awarded the applicant $7,500 compensation for injuries suffered as a consequence of the offences. By email dated 3 July 2024 Regional Alliance West, the applicant’s solicitors, on behalf of the applicant, requested my 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 the claimed injury and any claimed loss occurred as a consequence of the commission of a proved offence which is defined in section 3 of the Act. Mitchell Kevin John Threlkeld (the first offender) entered a plea of guilty to the charge of being armed or pretending to be armed in a way that may cause fear in the Magistrates Court at Geraldton on 13 April 2023 in relation to the offence. Grant Sidney Stoddart (the second offender) entered a plea of guilty to the charge of threaten to damage dwelling at night in the Magistrates Court at Exmouth on 16 March 2023 in relation to the offence. As such, I was satisfied proved offences as defined in the Act were constituted.
3 There are two Statements of Material Facts (SOMF), one which relates to the first offender and one which relates to the second offender. The SOMF in relation to the first offender states the circumstances of the incident as follows:
At about 2am on Monday the 12th of December 2022, the accused was at 49 Snapper Loop, Exmouth.
The accused was in company with a co-accused.
The accused had attended the address earlier in the night but had been told to leave the address by the victim.
The accused later returned and walked up to the front door of the house with a wooden Mattock over his right shoulder.
The accused used the mattock to knock on the front door. The accused stood on the porch whilst the co accused punched the front door and jumped around in an aggressive manner.
On Thursday the 9th of February 2023 the accused was arrested where he declined to participate in an Electronic record of interview.
The accused released to protective bails condition with the present charge preferred.
Explanation: “I was very drunk”.
4 In relation to the second offender, the SOMF outlines the circumstances of the incident as follows:
At approximately 2.08am on Sunday the 11th of December 2022, the accused was on the front porch of 49 Snapper Loop Exmouth in company with another male who was in possession of a mattock.
The address is occupied by Alia ALKAISI and other housemates.
The accused and the male have attempted to intimidate ALKAISI and threatened to enter the address by punching the front door security screen.
The accused has continued to act in a threatening manner by standing on the porch punching into his hand and yelling ‘Exmouth Elite’ at the front of the address. These actions have been captured on the occupant’s CCTV that she was live streaming at the time. These actions caused the occupant fear and alarm that he would enter the address.
On the 19th of January 2023 the accused was interviewed on Police issued Body Worn Camera where he made the admissions to the offence.
The accused was summonsed with the present charged preferred.
Explanation: “I don’t remember why I did it, I was drunk”
5 The SOMF relating to the first offender has the incident as 12 December 2022 and in relation to the second offender the SOMF has it as 11 December 2022. In her application form, the applicant listed the incident as occurring in December 2022. The security video obtained by police of the front door of the applicant’s premises records the incident having occurred on 11 December 2022. I am therefore satisfied the incident occurred on 11 December 2022 and amend the award accordingly.
6 The applicant did not provide any documents in support of her application. In relation to her injuries, she identified on her application form she was fearful in her own house, could not sleep and did not want to leave her house for months after the incident. She advised she was too embarrassed to seek treatment as “I live in a small town and I didn’t want anymore people talking about the incident”.


7 On 3 November 2023 the case manager on behalf of the Office of Criminal Injuries Compensation asked the applicant for the contact details of any person she may have sought psychological treatment from. By return email of the same date the applicant responded by advising she had not received any treatment due to discomfort in speaking about the incident in a small town.
8 During the course of investigating the circumstances of the incident I obtained information from the Western Australian Police in relation to the offences. Included in that information was a statement from the applicant as to the incident.
9 She stated she was at home with her friend on the date of the incident when at approximately 9:00pm she heard a knock at the door which she answered by herself. The first offender (Threlkeld), whom she said she knew through mutual friends and had met once, was standing in her doorway. She says the first offender asked her whether she had “anything” which she later stated was in reference to illegal drugs. She described herself as feeling shocked as she had no idea why he would come to her house asking for them.
10 She said a short time later there was a knock on the side door of her house and when she opened it, the first offender was there asking again whether she had “anything”. She said “no” and told him to leave, closed the door and went back inside with her friend.
11 A short time later there was a third knock, this time at her side door by another person, not the first or second offender, asking if she had “anything”. She said “no”, asked why they were her asking for it and closed the door and went back inside.
12 Later in the night there was a knock at the door by a second uncharged person asking for cigarettes. She could hear her house mate speaking to him. She yelled for him to leave and threatened to call police, which she did, reporting people had come to her house.
13 She said she received a visit from police to make sure that no-one was there which made her feel safer.


14 She said later her housemate received a telephone call which she heard as her housemate placed the call on speaker. She heard male voices asking whether the applicant had any drugs to which her friend responded “Why do you think she has drugs?”.
15 The applicant’s friend left at approximately 1:00 am and the applicant locked all the doors and went to her bedroom to prepare for sleep. At approximately 2:00 am she heard a car pull up outside, looked out her bedroom window and saw a white four-wheel drive parked on the road across from the house. She called “000” and heard loud banging and bashing on the outside of the house and thereafter described the incident. She said during the incident she “stayed in my room as I was scared for my safety”.
16 She said she woke the next morning, went through the CCTV footage and observed two males banging on her door, one of whom she recognised as being the first offender.
17 She said the incident made her feel scared and she did not know why the offenders would come to her house, especially in an aggressive manner. She was afraid for her safety and felt lucky to be okay after observing what she saw on the CCTV footage.
18 Given the information contained in the applicant’s application form and police statement, I was prepared to assess the application notwithstanding the applicant had not sought any treatment in relation to the incident.
19 Having regard to the evidence I was satisfied the applicant suffered mental and nervous shock pursuant to section 35 of the Act. She was the person against whom the offence was committed. I was satisfied the reaction of the applicant was of an enduring character (DR v CD [2018] 148). I base this conclusion on the applicant’s police statement signed by her on 13 December 2022 where she said she was “afraid for my safety” and the incident “made me feel scared” and in her application lodged approximately 10 months after the incident where she stated she was “fearful in my own house, I couldn’t sleep, I didn’t want to leave my house for months after the incident”. I accept the applicant experienced psychological symptomatology as a consequence of the incident for “months after the incident”.
20 On the information available to me I awarded the applicant $7,500 compensation for her injuries.
21 The applicant claimed for counselling services and therapy for future treatment. However, I had insufficient evidence to be satisfied, firstly the applicant required the treatment, and secondly, the cost and duration of the treatment. As such, I declined to make an award for future treatment.
22 Given the applicant’s concerns about the offender’s being aware of her claim and being in a small community, I barred proceedings pursuant to section 45(1)(a) of the Act under Part 6 of the Act with respect to the first and second 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

17 JULY 2024