Allen v Datson; Bennett obo Jemison v Datson

DISTRICT COURT OF QUEENSLAND

CITATION:

Allen v Datson; Bennett obo Jemison v Datson [2007] QDC 123

PARTIES:

STACI KATHERINE ALLEN

(Applicant)

v

CHRISTOPHER REX DATSON

(Respondent)

and

WENDY ANNE BENNETT obo JACKIE LOUISE JEMISON

(Applicant)

v

CHRISTOPHER REX DATSON

(Respondent)

FILE NO/S:

609/2006
601/2006

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Southport

DELIVERED ON:

21 June, 2007

DELIVERED AT:

Mt Isa

HEARING DATE:

2 February 2007

JUDGE:

Dearden DCJ

ORDER:

The respondent Christopher Rex Datson pay the applicant Staci Katherine Allen the sum of $12,500.

The respondent Christopher Rex Datson pay the applicant Wendy Anne Bennett on behalf of Jackie Louise Jemison the sum of $18,750.

CATCHWORDS:

Application – criminal compensation – mental or nervous shock

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss 20, 22(4), 24, 25(7), 26

Criminal Offence Victims Regulation 1995 (Qld) r 1A

CASES CITED:

R v Ward; ex parte Dooley [2001] 2 Qd R 436

Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337

R v Atwell; ex parte Jullie [2002] 2 Qd R 367

R v Kazakoff; ex parte Ferguson [2001] 2 Qd R 320

SAY v A2; ex parte Attorney-General (Qld) [2006] QCA 462

MAV v ABA; ex parte Attorney-General (Qld) [2007] QCA 124

Gottfried v Wills & Attorney-General [2004] QDC 2

COUNSEL:

Mr C Bagley for the applicants

Mr A Kimmins for the respondent

SOLICITORS:

McLaughlins for the applicants

Jacobson Mahoney Lawyers for the respondent

Introduction

1. The applicant Staci Allen seeks compensation in respect of injuries suffered by her arising out of events occurring between 2 September 2002 and 22 April 2003, resulting in the respondent Christopher Rex Datson pleading before me in the Southport District Court on 4 November 2005 to three counts of indecently dealing with a child under 16 years who was under the respondent’s care.  The respondent was sentenced to two years imprisonment in respect of Count 1, wholly suspended, with an operational period of three years, and three years probation in respect of each of Counts 2 and 3.

1. The applicant Jackie Louise Jemison (by her litigation guardian Wendy Anne Bennett) seeks compensation in respect of injuries suffered by her arising out of events which occurred between 5 December 2002 and 31 January 2003, resulting in the respondent Christopher Datson pleading guilty before me in the Southport District Court on 4 November 2005 to five counts of indecently dealing with a child under 16 years of whom the respondent was the guardian.  In respect of each of these counts, the respondent was sentenced to three years probation.

Facts

1. The facts in respect of the offences committed against the two applicants were set out by the prosecutor at the sentence hearing.  These facts are as follows:[1]

   [1] Exhibit B (Sentence submissions) pp 2-5; Affidavit of Angus Walker sworn 1 December 2006

“With respect to the eight charges on the indictment, there are two complainants.  The first complainant is Staci Allen.  She is the niece of Wendy Bennett, who, at the relevant time, was…