Anderson v Hooper

[2006] QDC 307

DISTRICT COURT OF QUEENSLAND

CITATION:

Anderson  v Hooper [2006] QDC 307

PARTIES:

SUE-ANN ANDERSON

Applicant
v

GREGORY SCOTT HOOPER

Respondent

FILE NO/S:

340/06

DIVISION:

Civil Jurisdiction

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Southport

DELIVERED ON:

25 August 2006

DELIVERED AT:

Southport

HEARING DATE:

7 August 2006

JUDGE:

Dearden  DCJ

ORDER:

The respondent, Gregory Scott Hooper, pay the applicant Sue-Ann Anderson the sum of $18,750.00.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – ROBBERY – Mental or Nervous Shock – Shop Assistant

COUNSEL:

Mr A James for the applicant
No appearance for the respondent

SOLICITORS:

Messrs Ffrench Commercial Lawyers for the applicant

1. The applicant, Sue-Ann Anderson seeks compensation in respect of injuries suffered by her arising out of the armed robbery of a shop at which she was working as a shop assistant on 10 May 2005.  The respondent pleaded guilty to a five-count indictment before me in the District Court at Southport on 7 December 2005.  In respect of this applicant, the respondent pleaded guilty to one count of robbery while armed with a dangerous instrument (namely a knife) and received a sentence of three years’ imprisonment suspended after serving a period of six months with an operational period of three years.  A period of 167 days spent in pre-sentence custody was deemed time already served under the sentence.

FACTS

1. The plea of guilty by the respondent proceeded by way of an ex officio indictment, and the Crown relied on a schedule of facts[1].  The particulars in respect of the count relevant to the applicant are as follows:

   [1]Exhibit 2 in the sentence proceedings

“On Tuesday 10 May 2005 [the respondent] entered the Pappas Way general store, Carrara.  He was carrying a black bag and a 30cm knife.  He approached the complainant and said ‘I am here to rob you.  Sorry times are tough, put the money in the bag?’  The complainant gave the [respondent] $1,100.

On 23 June 2005, enquiries led police to the [respondent] and he participated in an electronic record of interview.  He admitted to the offence and produced the bag and knife used during the offence.  He stated that he had used all of the money for debts owed and for a gambling habit.”

1. I note at this stage that the applicant’s submissions relied on a version of the facts as outlined in the applicant’s police statement[2].  However, it is clear that any application for criminal compensation must proceed on the basis of the facts as outlined to and accepted by the sentencing Judge[3] and for that reason the summary of facts set out above has been drawn from the schedule of facts tendered during the original sentencing proceedings[4].

   [2]Exhibit SA1, affidavit of Sue-Ann Anderson sworn 14 July 2006

   [3]R v Bennett, ex parte Facer [2002] 2 Qd R 295, 300 (per Phillipides, J)

   [4]In the ordinary course of events such documentary material should have been exhibited to an affidavit by

   the applicant’s solicitors, but pursuant to Criminal Offence Victims Act 1995 s 30(3) I consider…