Atkinson v. Dimurro

[2007] QDC 349

DISTRICT COURT OF QUEENSLAND

CITATION:

Atkinson v Dimurro [2007] QDC 349

PARTIES:

DENIS JOHN ATKINSON

Applicant

V

PETER EDWARD DIMURRO

Respondent

FILE NO/S:

330/06

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Southport

DELIVERED ON:

20 December 2007

DELIVERED AT:

Beenleigh

HEARING DATE:

27 November 2007

JUDGE:

Dearden DCJ

ORDER:

The respondent Peter Edward Dimurro pay the applicant Denis John Atkinson the sum of $33,750.

CATCHWORDS:

APPLICATION – Criminal Compensation – assault occasioning bodily harm while armed – fractured skull – mental or nervous shock

LEGISLATION:

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

CASES:

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

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

COUNSEL:

Mr D. Love (Solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Dale and Fallu for the applicant

No appearance for the respondent

Introduction

1. The applicant Denis John Atkinson seeks compensation in respect of injuries suffered by him arising out of two incidents which occurred on 31 December 2003 at Woolloongabba, resulting in the respondent Peter Edward Dimurro pleading guilty before me in the District Court at Brisbane on 11 March 2005 to one count of common assault, and one count of assault occasioning bodily harm while armed.  The respondent was sentenced to a six month intensive correction order in respect of each of the counts, with a special condition requiring him to undergo medical, psychological, psychiatric and/or other treatment or counselling, including as an inpatient, as directed by an authorised Corrective Services officer, in relation to alcohol management.

Facts

1. The offences occurred on New Year’s Eve 2003.  The applicant was having a small party at his house.  The applicant had about half a dozen friends there and the applicant’s 18 year old son also had some friends at the party.  Between 8 and 8.30 pm, the respondent walked into the kitchen of the residence through the open front door.  The respondent started talking to a person in the kitchen and the applicant assumed that the respondent was there because he was somebody’s friend.  The respondent kept calling people by their wrong names, and when he was told that he had their names the wrong way around, the respondent got upset and started yelling and swearing.  When the applicant asked the respondent to leave his house, the respondent stood up and punched the applicant several times around the area of his head (Count 1 – common assault).[1]

   [1]Exhibit B (Submissions on sentence), p 4, Affidavit of David Love sworn 21 October 2005

1. Another man then grabbed the respondent and then pushed him against a wall.  The respondent was then involved in a scuffle with other men at the party before being shuffled towards the front door and thrown down the stairs.  During this process, the respondent’s T‑shirt was ripped.  A short time later, the respondent returned to the house wearing a different T‑shirt and was leaning against the front fence.  He was asked to…