Civil Damages for a Criminal Act, yes the Victim can Sue.



Case : Cheng v Farjudi [2016] NSWCA 316

canvictims

The Crime

The appellant and the respondent were involved in an altercation in the gaming room at the Parramatta Leagues Club. The respondent suffered a fracture to the right orbit and psychiatric injury in the form of post-traumatic stress disorder. The appellant was the subject of criminal charges in relation to the assault on the respondent. He entered a guilty plea and had a good behavior bond imposed pursuant to s9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

The Civil Case for Damages

After admitting guilt in the Criminal trial, the victim now initiated a Civil Claim for damages.

This time he denied that he had struck the respondent and pleaded, in the alternative, that he had acted in self-defence within the meaning of s52 of the Civil Liability Act 2002 (NSW). He claimed he had been acting in defence of his wife. The appellant further pleaded that any award of damages ought to be limited by the operation of s 53 of the Civil Liability Act.

The issues for determination on appeal were:

(i) Whether the respondent was entitled to damages at all and whether, if that were the case, they should have been limited pursuant to s 53 of the Civil Liability Act 2002 (NSW);

(ii)   Whether the award of exemplary damages was properly made; and

(iii)   Whether the award for future out-of-pocket expenses was justified on the evidence.

HELD : Awarded damages in the following amounts:

(1) General damages: $100,000

(2) Past out of pocket expenses: $2,500

(3) Future out of pocket expenses: $28,009 (corrected to $18,181)

(4) Past domestic assistance: $40,824

(5) Future domestic assistance: $20,594

 

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