Chadwick v VCFC [2002] NSWDC 24

New South Wales District Court

CITATION : Chadwick v VCFC [2002] NSWDC 24 TRIBUNAL : Victims Compensation Tribunal PARTIES : Janet Chadwick v Victims Compensation Fund Corporation FILE NUMBER(S) : 469 of 2001 CORAM: Bell DCJ CATCHWORDS: act of violence - s5 LEGISLATION CITED: Victims Support and Rehabilitation Act 1996 Drug Court Act 1998 Bourke v The Victims Compensation Fund Corporation, delivered 16 December 1999 ; CASES CITED: Chandler v The Director of Public Prosecutions (2000) NSWC A125; Jenkins v The Victims Compensation Fund, delivered 25 August 2000 DATES OF HEARING: 15 August 2002 DATE OF JUDGMENT: 15 August 2002

JUDGMENT:

HIS HONOUR JUDGE BELL: Janet Chadwick is the appellant against the determination dismissing her application for compensation under the Victims Support and Rehabilitation Act 1996.

In the appeal I am concerned only with one event, namely that which took place on 30 June 1997. On that date the appellant was a member of the police service. The learned magistrate found that as she left her vehicle, the offender's vehicle approached, "and when about ten metres from the police vehicle, the vehicle accelerated at speed". The appellant later saw the offender parked in his vehicle nearby.

Later again when the appellant was opening the door of her car in order to alight, the learned magistrate found that she:- "Saw the headlights of the vehicle approaching us. I had my door open and was half out of the car and half on the roadway. The car approaching me was driving with its headlights on and I could hear the engine revving. The car drove towards where I was getting out of the car. At the time the car was driving fast and the engine was revving excessively ... I could see the car was in the middle of the road and if I had remained standing half out of the car, I have no doubt I would have been hit by the car and been injured". Following this incident the appellant left her vehicle to cross the road and again she:- "Saw headlights coming towards me from the hill the car had just gone over. I saw the lights and again could hear the engine revving. The headlights were on high beam and the car was again driving towards me as I shut the car door. I yelled at Lisa and ran from my side of the car on to the footpath next to our car. At about ten metres away from me the car accelerated and revved loudly passing close to the driver's door from which I had run". The learned magistrate referred to a corroborative witness.