Addley v Tago

[2011] QDC 98

DISTRICT COURT OF QUEENSLAND

CITATION:

Addley v Tago [2011] QDC 98

PARTIES:

TRACEY ANN ADDLEY

(Applicant)

v

SO’O TAGO

(Respondent)

FILE NO/S:

124/2009

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

9 June, 2011

DELIVERED AT:

Kingaroy

HEARING DATE:

16 May 2011

JUDGE:

Dearden DCJ

ORDER:

The respondent So’o Tago pay the applicant Tracey Ann Addley the sum of $39,000

CATCHWORDS:

Application – criminal compensation – grievous bodily harm – facial fracture – fractured jaw – dental injury – mental or nervous shock

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss. 24 & 25(7)

Victims of Crimes Assistance Act 2009 (Qld) s.167(2)

CASES:

Paterson v Chand & Chand [2008] QDC 214

COUNSEL:

D J Gilmore (solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

D J Gilmore & Associates, solicitors for the applicant

No appearance for the respondent

Introduction

1. The respondent So’o Tago pleaded guilty in the Beenleigh District Court on 28 August 2007 to one count of grievous bodily harm in respect of the applicant Tracey Ann Addley.  The respondent was sentenced by me to three years imprisonment, suspended after serving nine months, with an operational period of four years.

Facts

1. On 7 August 2005 the applicant went to the respondent’s house to visit his 21 year old niece with whom she was friends.  The respondent arrived home at about 11.00 pm and the applicant and the respondent’s niece was sitting on the bed talking.  Once the respondent’s niece saw the respondent, she left the bedroom and returned to her own room.

1. The respondent came into the room where the applicant was sitting and proceeded to call her a “bitch”.  The applicant said that she noticed that the respondent’s eyes were red and that he smelt of alcohol.  The respondent grabbed the applicant by her hair and then proceeded to hit the right side of her face.  The applicant was terrified and tried to cover her face.  The applicant heard a cracking sound in her jaw and felt immediate pain.  The respondent has a steel metal plate in his left arm and used both arms when he hit the applicant several times.

1. The applicant said that she could taste blood in her mouth and that she thought she was going to vomit.  The applicant said that once the respondent left the room, she went to the bathroom and saw that her two front teeth were smashed into her bottom gum.  The applicant’s jaw was broken as a result of the assault.[1]

   [1] Exhibit KR4 (Schedule of Facts), p. 1, Affidavit of Karl Robinson sworn 21 August 2009.

Injuries

1. The applicant was x-rayed in respect of the injuries.  The applicant suffered a fractured jaw.  On 14 August 2005 the applicant attended the Brisbane Women’s Hospital where  on 16 August, 2005, she underwent surgery on her face, involving the insertion of two metal plates into her chin.  The applicant was required to wear a neck brace.[2]

   [2] Exhibit KR4, (Schedule of Facts), p. 1, Exhibit KR5,…