ADR v FDW; FDL v FDW

[2008] QSC 260

SUPREME COURT OF QUEENSLAND

CITATION:

ADR v FDW; FDL v FDW [2008] QSC 260

PARTIES:

ADR
(applicant)
v
FDW
(respondent)

FDL
(applicant)
v
FDW
(respondent)

FILE NOS:

No 14 of 2008
No 15 of 2008

DIVISION:

Trial Division

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Supreme Court, Maryborough

DELIVERED ON:

24 October 2008

DELIVERED AT:

Maryborough

HEARING DATE:

17 October 2008

JUDGE:

Lyons J

ORDER:

1. That the respondent being a person convicted of indictable personal offence pay compensation to FDL in the sum of $9,000 for the injuries suffered by him because of the offence.
2. That the amount awarded be paid to the Public Trustee who shall hold the moneys as a separate trust fund on trust for FDL.
3. That the respondent being a person convicted of indictable personal offence pay compensation to ADR in the sum of $9,000 for the injuries suffered by him because of the offence.

4.   That the amount awarded be paid to the Public Trustee who shall hold the moneys as a separate trust fund on trust for ADR.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – the respondent pleaded guilty to two counts of attempting to unlawfully kill the applicants – the applicants seek criminal compensation from the respondent – the applicants suffered moderate mental or nervous shock – where there was more than one cause of injury – whether the respondent’s behaviour directly or indirectly contributed to the injury

Criminal Offence Victims Act 1995 (Qld), s 5, s19, s 20, s 21, s 22, s 24, s 25

R v Kazakoff; ex parte Ferguson[2000] QSC 156; [2001] 2 Qd R 320, cited
Summers v Dougherty & Anor[2000] QSC 365, cited

COUNSEL:

PJ Pagliorino (sol.) for the applicant
No appearance for the respondent

SOLICITORS:

Carswell & Co Solicitors for the applicant
No appearance for the respondent

LYONS J:

1. In April 2005 the respondent took his two sons then aged five and four and put them in his car.  He took them to buy a garden hose, then drove them to a secluded area and attached the hose to the exhaust of the vehicle.  He subsequently started the ignition of the vehicle and set about killing himself and the boys by carbon monoxide poisoning.  After a period of time however, he turned off the engine and then took the children to hospital for medical help.[1]  Whilst the children were exposed to carbon monoxide for an extended period they have survived.  The long term effects of the poisoning however are not known. 

   [1]Sentencing remarks, Byrne J, 12 September 2005, p 1.

1. On 12 September 2005, the respondent pleaded guilty to two counts of attempting to unlawfully kill and in respect of each count he was sentenced to imprisonment for five years, with a recommendation for post-prison community based release after serving 18 months.  One hundred and fifty-seven days…