PEET [2020] WACIC 9
In the matter of Shane Geoffrey Peet, on 1 July 2020, the Chief Assessor for Criminal Injuries Compensation, awarded the applicant the sum of $300 compensation for an injury suffered during an arrest in his capacity as a Police Officer, on Thursday 26 January 2017 (incident).
The application was made pursuant to section 12 of the Criminal Injuries Compensation Act 2003. The Applicant had been assaulted by the Offender while processing the Offender after an arrest. The Offender pled guilty to two counts of assault on a public officer (one relating to the applicant and another relating to the other officer who was assisting in the restraint of the Offender) as well as obstructing public officers with disorderly behaviour in a police station or lock-up.
The incident occurred at Cockburn Police Station. The Offender had come out of the holding cell following the initial computer capturing process and was asked to sign the forms, he refused to do so, attempted to leave the custody area and was apprehended by the Applicant and another officer. A struggle ensued and after this the Applicant realised he was in discomfort and pain. He said his left knee was sore from falling to the ground with the Offender and his upper back, neck, and arms and across his shoulders were sore from struggling with him whilst he resisted. He noticed reddening and early stages of bruising on the inside of both biceps from the struggle.
The Applicant attended St John of God Hospital Emergency Department and was subsequently discharged with a recommendation to carry out light duties only.
The evidence obtained by the Assessor was as follows:
- Photographs of the Applicant apparently showing slight bruising to the inner bicep of the right arm and some red markings to other parts of his body including the inner left arm near the armpit and a photograph of his left knee. The Assessor stated that she could not observe the injuries from the photograph.
- An email indicating that he had not seen his General Practitioner for any progress reports after 13 March 2018.
- St John of God Hospital Murdoch records showing that the applicant attended on 26 January 2017 with bruising to the medial arms, a sore neck, lower back, left knee, and inner upper arms. He was diagnosed with bruising and a spine strain.
- Prior medical records obtained from Point Walter Medical Centre indicated prior medical problems including a lumbar strain, depression, and a sleep disorder.
- A referral to a psychologist and to Injury Management and Rehabilitation Sports after the incident but the reasons for these referrals were unknown.
- A record showing that the Applicant was injured at work on 3 August 2018 while struggling with a person being restrained. This resulted in a bursitis for which he underwent a repeat steroid injection.
- There were several other referrals which were not linked to the injuries sustained during the incident.
The Applicant had submitted very little evidence to support his claim. The medical records had mostly been obtained by the Assessor at her own initiative and showed very little support for a serious injury. The case demonstrates the importance of ensuring that proper records are kept of the consequences of any criminal injury and that these records be submitted with the claim at time of submission. It is instructive to note that the time from the commission of the offence until the time that the compensation was awarded was almost 3 ½ years.
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