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  • September 2, 2020

Murder leads to compensation award

Murder leads to compensation award

Murder leads to compensation award 900 577 aelegal

Penny 2020 [WACIC] 8

The case of Richard Penny (the Applicant) was assessed by a Criminal Injury Compensation Assessor and delivered on 21 May 2020.  In January 2017 the Applicant made an application for compensation under the Criminal Injury Compensation Act 2003 (the Act) in relation to the murder of Charmaine Lois Winmar (the Deceased) on 18 May 2013. On 20 April 2016 Kevin James Corbett (the Offender) was found guilty of the murder.

By way of brief background, the Offender and the Deceased were in a relationship between 2012 and the early parts of 2013. During this time the Deceased had often complained to others that the Offender had hurt her and that he was controlling, possessive and jealous. In February 2013 the Offender was incarcerated on unrelated charges. The Offender and the Deceased initially continued their relationship by sending letters and talking over the phone, however the Offender soon became jealous and possessive and the tone of his letters and phone calls became more aggressive. On 4 April 2013, the Offender telephoned the Deceased and threatened to kill her. In subsequent telephone calls he left messages indicating the number of days he had before being released and saying that when these days passed the deceased would be dead. Between 1 and 18 May 2013 the Offender called the Deceased’s phone 1,400 times and sent abusive messages. A month after his release, the Offender went to the Deceased’s residence and found her with the Applicant. The Offender proceeded to strike the Deceased multiple times and with multiple weapons, ultimately killing her. The Applicant was also struck by one of the weapons and lost consciousness and did not have any recollection of the events.

The Deceased and the Applicant had met in 2002 and shortly thereafter began a relationship that lasted for eight years. The couple resumed their relationship in 2013 shortly before the events described above. During their eight-year relationship there were six reported incidents of domestic violence committed by the Applicant against the Deceased, including one in which the Applicant was charged for assault occasioning bodily harm.

The Applicant made an application for compensation under sections 12 and 17 of the Act for personal injuries suffered as a result of the Offender’s actions as well as under section 35(2) for the mental and emotional distress he suffered from his partner’s murder. In this case the Assessor awarded the Applicant $25,000 in compensation for his injuries, bearing in mind the maximum compensation awardable is $75,000. In determining the amount of compensation the Applicant should receive, the Assessor gave consideration to the nature of the relationship between the Applicant and the Deceased, and in particular to the history of abuse and domestic violence. The Assessor also determined that but for her murder, the Deceased would have been entitled to seek compensation against the Applicant for her injuries and as such, the Assessor reduced the amount of compensation citing that the Applicant should not stand to benefit from her death.

The Applicant’s award was reduced by $10,000 in light of his previous actions against the Deceased, bringing his total compensation down to $15,000.

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