For the reasons set out above, I have rejected a claim for future medical treatment for the facial injury which it was submitted was caused in the commission of the offence.
For the reasons set out above I have rejected a claim for medical expenses for treatment for the psychological or psychiatric injury from which it is claimed the appellant suffers as a result of the offence.
No claim has been made for future medical treatment connected with the injury to the appellant's right shoulder.
No claim was made for costs associated with future medical treatment connected with the claimed memory loss. In any event I was not satisfied that the appellant suffered memory loss at all or that it was attributable to the incident.
I therefore make no award for future medical expenses.
[2]
At the hearing of the appeal the appellant's counsel submitted that if I could not make a provisional award of compensation for future medical expenses because there was no evidence of the likely cost of such expenses, I could instead increase the award of general damages in recognition of the fact that the absence of medical evidence was the result of the appellant having insufficient funds to obtain such medical reports.
It would be quite wrong to proceed in that way.
Non-pecuniary loss is an assessment of damage which is not readily measurable in money. Nevertheless damages are awarded because an injured party is entitled to be compensated for the condition which he has been left in with a view to giving him fair compensation for pain, inconvenience and loss of enjoyment sustained. General damages cannot be increased to overcome a deficiency of evidence required to establish an entitlement to damages which are properly to be assessed under another head of damage.
In this case there is evidence before the court of pain and suffering which the appellant experienced as a result of the offence. There is no evidence of any loss of expectation of life, of amenities or of any disfigurement.
I am satisfied that an award of $7,500 is an appropriate amount of non-pecuniary damages for the injuries from which I am satisfied that the appellant suffered as a result of the incident.
[3]
Accordingly, I award the appellant the sum of $9,347.25 in criminal injuries compensation for loss and injuries suffered by him as a result of the commission of the offence on 20 June 2013.
[4]
I certify that the preceding paragraph(s) comprise the reasons for decision of the District Court of Western Australia.