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If you are injured or suffer any other kind of loss due to a crime being committed by someone else, then you may be able to claim compensation.

This is also true for the families of an individual that is killed during the commission of a crime, in order to cover the expenses that they suffer after the loss of a loved one.

The Application Process

Compensation claims for injuries as a result of a crime being committed are made under the Criminal Injuries Compensation Act 2003 (WA) and any such order has a current limit of $75,000.

There is a 3 year time limit to lodge such a claim, however, in certain circumstances an extension of time may be granted.

Once an application has been submitted, the Criminal Injuries Compensation team at the Department of Justice will give your matter to a Case manager, and then a well-trained Assessor will determine the amount that you may be entitled to.

The documents that will need to be submitted on your behalf should always be prepared carefully and properly ahead of time, these may include:

• The Application form;
• A Statement of Events (for the crime/s that led to your suffering);
• A Victim Impact Statement; and
• Medical or Psychological reports that can help to substantiate your claim.

What Losses Can You Be Compensated For

As well as for the general pain and suffering that you have suffered as the direct result of a crime, you may also be entitled to compensation for the following:

• loss of enjoyment of life
• loss of income
• medical or psychological treatment expenses
• other incidental expenses (such as travel or loss/damage of property)

Proving the Crime

A crime does need to have been committed in order for an application for Criminal Injuries Compensation to be successful, but even if no one is convicted, you may still be able to get fair and reasonable compensation.

As long as the Assessor is satisfied that the offence occurred and your losses were suffered as a result of that offence, there is an avenue through which compensation can be claimed.

It is important to help the police/prosecutors to bring the culprit to justice however, so cooperation is essential if any details of the offence are required from you. A good lawyer can be a massive help to assist in communications with prosecutors on your behalf, and remember, there is extra support available through Victims of Crime; an initiative through the Western Australian State Government.

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.

This is a real case that happened recently.

B was charged with 2 counts of ‘Indecently Dealing’ with a young, teenage girl whom he had met on the internet, pursuant to section 321(4) of the Criminal Code (WA), where it states that:

Child of or over 13 and under 16, sexual offences against

A person who indecently deals with a child is guilty of a crime and is liable to the punishment…

Sentence

For a charge of this nature, the maximum sentence prescribed by law is 7 years imprisonment.

In past cases, generally, the Courts have given sentences in the range of 2 to 5 years.    It is highly likely that B would have received a sentence of this nature, if he had been found guilty.

Allegations Made by Prosecutor

The Prosecutor alleged that B’s actions were predatory and calculated.

It became apparent to us, as B’s lawyers, that B is a shy young man and has some issues pertaining to mental health.   The factors personal to his situation had to be analysed in order to bring to light the personal issues that may have led to his offending; his upbringing, personal immaturity, issues pertaining to his mental health and the impersonal nature of the online communications that allowed for such a shy young man to connect inappropriately with a captive audience.

Sentencing Hearing

B pleaded guilty to the charges, however, the details of the allegations made by the Prosecutor were inaccurate and they were challenged at the sentencing hearing.

Expert opinions and psychiatric findings in relation to the Accused were obtained and written Sentencing Submissions were filed with the District Court of Western Australia.

Result:  B was given a suspended sentence, allowing him to remain out of prison and giving him the access to help that he really needed.   This result was more favourable than the sentences received by similar accused persons in past cases.

About Writer

Adam Ward was admitted into the legal profession in the Supreme Court of Western Australia in 2015 and joined Tang Law in May 2019. Mr. Ward is an experienced Criminal and Traffic Lawyer with extensive experience in representing clients in Courts on all issues relating to Traffic Law, Criminal Law, and Criminal Injury Compensation.