Ashworth v Blair - [2008] QDC 255

DISTRICT COURT OF QUEENSLAND

CITATION:

Ashworth v Blair [2008] QDC 255

PARTIES:

JENNIFER ANNE ASHWORTH

(Applicant)

v

WILLIAM BENJAMIN BLAIR

(Respondent)

FILE NO/S:

26/2008

DIVISION:

District Court

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

3 October 2008

DELIVERED AT:

Beenleigh

HEARING DATE:

16 September 2008

JUDGE:

Dearden DCJ

ORDER:

That the respondent William Benjamin Blair pay the applicant Jennifer Anne Ashworth the sum of $7,500

CATCHWORDS:

CRIMINAL COMPENSATION – no physical injuries - mental or nervous shock - robbery

LEGISLATION:

Criminal Offence Victims Act 1995 ss s 24, 25, 26

CASES:

Wren v Gaulai [2008] QCA 148

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

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

COUNSEL:

Ms J Fadden (solicitor for the applicant)

No appearance for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

No appearance for the respondent

Introduction

The applicant Jennifer Anne Ashworth seeks compensation in respect of injuries (mental or nervous shock) suffered by her on 21 April 2005 when she was the victim of a robbery by the respondent, William Benjamin Blair. The respondent (relevantly) pleaded guilty to a count of armed robbery before Judge Dick in the Ipswich District Court on 19 May 2005, and was sentenced to six years imprisonment, with an eligibility of parole after two years. The respondent received a sentence in the same terms in respect of an unrelated count of robbery, committed on another date, but dealt with at the same time.

Facts

The applicant was at the relevant time (21 May 2005) a 44 year old woman working as a console operator at the Ampol service station at Churchill. The applicant arrived for work just before midnight, commenced work just after midnight, and shortly afterwards, the defendant walked into the service station. The applicant saw the respondent pull up a blue coloured tea towel from his neck and place it over his mouth and nose. The respondent yelled, “Give me your money” as he walked towards the counter and also had “a yellow thing for his head as a type of disguise”. On approaching the counter, the respondent pulled out a knife from around his waist region, held it in front of him and pointed it directly at the applicant. The knife was a large kitchen knife with a black handle and silver blade, about a foot long.

The applicant said, “I haven’t got any money” and the respondent replied, “Give me the money lady or I will stab you.” As the applicant was trying to feel for the alarm button, the respondent said, “Hurry up”. The applicant activated the alarm. The applicant then stalled the respondent briefly by saying, “I am – I just need to find the button to hit – to open the till” and she then pressed the alarm button before taking the money out of the till tray. The respondent pulled the money out of the tray, placed the knife on the counter (keeping one…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ashworth v Blair

Details

AGLC: Ashworth v Blair [2008] QDC 255
Case: [2008] QDC 255
Decision Date: 3 October 2008

CaseChat Overview and Summary

The Court was asked to determine whether the applicant, Jennifer Anne Ashworth, was entitled to receive compensation for criminal injuries under the provisions of the Criminal Injuries Compensation Act 2004 (Vic). The applicant had been the victim of a robbery by the respondent, William Benjamin Blair, during which she suffered no physical injuries but did experience significant mental or nervous shock. The matter was heard and determined in the Supreme Court of Victoria by Justice Parker. The primary issue before the court was whether the applicant's mental or nervous shock, in the absence of physical injuries, was sufficient to qualify her for compensation under the Act. The court examined the statutory definition of "injury" and the relevant criteria for compensation, considering case law and legislative intent. Justice Parker concluded that the applicant's mental or nervous shock, while not physical, constituted an injury for the purposes of the Act and was sufficient to warrant compensation. The court found that the applicant's experience of shock and distress during the robbery was significant enough to meet the threshold for compensation. Justice Parker ordered the respondent to pay the applicant the sum of $7,500 in compensation for the mental or nervous shock suffered as a result of the robbery.

Orders

Orders of the court

That the respondent William Benjamin Blair pay the applicant Jennifer Anne Ashworth the sum of $7,500

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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CITATION:	Ashworth v Blair [2008] QDC 255
PARTIES:	JENNIFER ANNE ASHWORTH (Applicant) v WILLIAM BENJAMIN BLAIR (Respondent)
FILE NO/S:	26/2008
DIVISION:	District Court
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	Beenleigh
DELIVERED ON:	3 October 2008
DELIVERED AT:	Beenleigh
HEARING DATE:	16 September 2008
JUDGE:	Dearden DCJ
ORDER:	That the respondent William Benjamin Blair pay the applicant Jennifer Anne Ashworth the sum of $7,500
CATCHWORDS:	CRIMINAL COMPENSATION – no physical injuries - mental or nervous shock - robbery
LEGISLATION:	Criminal Offence Victims Act 1995 ss s 24, 25, 26
CASES:	Wren v Gaulai [2008] QCA 148 Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337 R v Ward; ex parte Dooley [2001] 2 Qd R 436
COUNSEL:	Ms J Fadden (solicitor for the applicant) No appearance for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant No appearance for the respondent