Ash v LJC

Case [2012] QDC 211

DISTRICT COURT OF QUEENSLAND

CITATION:

ASH v LJC [2012] QDC 211

PARTIES:

ASH

(Applicant)

V

LJC

(Respondent)

FILE NO/S:

223/10

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

22 June 2012 (ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

22 June 2012

JUDGE:

Irwin DCJ

ORDER:

The respondent pay the applicant the sum of $35,250 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offences of rape and sexual assault, which lead to the conviction of the respondent in the District Court at Brisbane on 27 August 2009.

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 – application for criminal compensation – where the respondent was convicted of one count each of rape and sexual assault – where the applicant suffered an anal laceration resulting in bleeding, scratches, abrasions and bruising, a severe post-traumatic stress disorder and adverse impacts under reg 1A(2) as a result of the offences –  where the post-traumatic stress disorder had persisted for about four years and were likely to persist indefinitely - assessment  of compensation

Criminal Offence Victims Act 1995 (Qld) (repealed), s 20,

s 21, s 22, s 24, s 25, s 26, s 30, Schedule 1

Criminal Offence Victims Regulation 1995 (Qld) (repealed),

s 1A, s 2, s 2A

Uniform Civil Procedure Rules 1999 (Qld), r 27(1), r 105(1), r 110(a), r 110(c), r 389(1)

Victims of Crime Assistance Act 2009 (Qld), s 149, s 155(1)(a), s 155(2)(b)

AT v FG [2004] QCA 295, applied

Hill v Dizo [2010] QDC 71, applied

JMR obo SRR v Hornsby [2009] QDC 147, cited

PAJ v AAK [2010] QCA 78, applied

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

R v Kazakoff; ex parte Ferguson [2001] 2 QD R 320, cited

R v Tiltman; ex parte Dawe (1995) QSC 345, cited

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

Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, applied

RMC v NAC [2009] QSC 149, cited

SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied

JHC v LJC [2011] QDC  26, considered

SMR v LJC [2010] QDC 285, considered

WHG v LJC [2010] QDC 395, cited

Wren v Gaulai [2008] QCA 148, applied

COUNSEL:

P.J. Saggers for the applicant

No appearance by or on behalf of the respondent

SOLICITORS:

Howden Saggers Lawyers for the applicant

No appearance by or on behalf of the respondent

HIS HONOUR: The applicant seeks compensation pursuant to section 24 of the Criminal Offence Victims Act 1995 (QLD) (the Act) for physical and psychological injuries caused by the attack of the respondent on the 30th of January 2008.

The Act was…

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Details
AGLC
Ash v LJC [2012] QDC 211
Case
[2012] QDC 211
Decision Date

CaseChat Overview and Summary

The matter of Ash v LJC involved an application for criminal compensation brought by the applicant, Ash, against the respondent, LJC, who was convicted of one count each of rape and sexual assault. The applicant suffered various physical and psychological injuries as a result of the offences, including an anal laceration resulting in bleeding, scratches, abrasions and bruising, as well as a severe post-traumatic stress disorder. The applicant also claimed to have suffered adverse impacts under regulation 1A(2) of the Criminal Offence Victims Act 1995 (Qld). The application was heard in the District Court of Queensland.

The primary legal issue that the court had to determine was the appropriate amount of compensation that should be awarded to the applicant. The court had to consider the nature and extent of the applicant's injuries, as well as the impact of those injuries on the applicant's life. The court also had to consider the relevant statutory provisions, including section 24 of the Criminal Offence Victims Act 1995 (Qld), which provides for the payment of compensation to victims of crime.

The court considered the evidence presented by the applicant and the respondent, as well as relevant legal authorities. The court found that the applicant had suffered significant physical and psychological injuries as a result of the offences committed by the respondent. The court noted that the applicant's post-traumatic stress disorder had persisted for about four years and was likely to persist indefinitely. The court also noted that the applicant had suffered adverse impacts under regulation 1A(2) of the Criminal Offence Victims Act 1995 (Qld), which includes the impact of the crime on the victim's ability to carry out daily activities and their capacity to work. The court found that the appropriate amount of compensation to be awarded to the applicant was $35,250.

The court ordered that the respondent pay the applicant the sum of $35,250 by way of compensation for the injuries sustained as a result of the offences of rape and sexual assault, which led to the conviction of the respondent in the District Court at Brisbane on 27 August 2009. The court made this order pursuant to section 24 of the Criminal Offence Victims Act 1995 (Qld).

Orders

Orders of the court

The respondent pay the applicant the sum of $35,250 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offences of rape and sexual assault, which lead to the conviction of the respondent in the District Court at Brisbane on 27 August 2009.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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