Parke [2021] WADC 1 In this case the applicant alleged that he had been assaulted and suffered mental and nervous shock and physical injuries. He sought compensation pursuant to the Criminal Injuries Compensation Act 2003 (Act). The case was unusual in that there was oral evidence led before the assessor of several witnesses including the applicant, his son in law and policemen. The applicant stated to the police that he had travelled from Geraldton to Perth to collect some fish for his daughter’s boyfriend. He was driving his wife’s vehicle and arrived in Midland at around 4.00 pm. He then stopped in Midland to go to the bathroom. He could not recall where in Midland he stopped, nor did he know if he went to a public toilet or used bushland. He stated that when he returned to the car, he saw that the window was smashed and that he was then approached by three men whose identity was unknown to him. Two of the men hit him and he fought back. One of the men then struck him to the head and face several times with a metal device. He was robbed of his wallet and phone during the incident. He then drove to the Swan Districts Hospital where a CT scan revealed complex and comminuted fractures through the nasal bones, nasal septum extending into maxilla on the left side. After hearing evidence, the assessor concluded that the applicant had suffered injuries but that they were not sustained in the manner alleged by him. Rather she concluded as follows:
This case raised three important legal points:
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