B v Butler - [2005] QDC 27

DISTRICT COURT OF QUEENSLAND

CITATION:

B v Butler [2005] QDC 027

PARTIES:

B
Applicant
v
ROY VAUGHAN BUTLER
Respondent

FILE NO:

BD 4646 of 2004

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court of Queensland at Brisbane

DELIVERED ON:

23 February 2005

DELIVERED AT:

Brisbane

HEARING DATE:

17 February 2005

JUDGE:

Alan Wilson SC,DCJ

ORDER:

1. Order that the respondent pay the applicant the sum of $20,000 by way of compensation under s 65A of the Criminal Code.

2. Order that the respondent pay the applicant’s costs of and incidental to the application.

CATCHWORDS:

CRIMINAL COMPENSATION – Criminal Code – measure of damages for mental and nervous shock - costs

Criminal Code Amendment Act 1984 Ch 65A, s 663AA,
s 663B
Criminal Offence Victims Act 1995

Cases considered:
R v Holder ex parte Jenner (1988) 2 Qd R 580
R v Hurle ex parte Anderson (1991) 2 Qd R 682.
R v Jones; ex parte McClintock (1996) 1 Qd R 524
R v Morrison ex parte West (1998) 2 Qd R 79, 81
Steinback v Steinback (Robertson, DCJ,unreported, 27 October 2000)
Steinback v Steinback [2001] QCA 12

COUNSEL:

Ms F Muirhead, solicitor for the applicant
Respondent did not appear

SOLICITORS:

Legal Aid Queensland for the applicant
No appearance for the respondent

This is an application for compensation for mental and nervous shock under Ch 65A of the Criminal Code and, specifically, under s 663B. It relates to offences which occurred in the mid-1980s[1]. Chapter 65A was repealed by the Criminal Offence Victims Act 1995 which commenced on 18 December 1995, but s 46 of that Act provides that the former legislation continues to apply to “… injuries suffered by anyone because of an act done before the commencement of the Act”.
[1]Between 31 December 1985 and 1 June 1986.

“Injury” is defined under s 663A to include mental and nervous shock. Section 663B empowers the court to order a convicted person to pay … to the person aggrieved a sum not exceeding the prescribed amount by way of compensation for injury suffered by the person by reason of the offence … of which the offender is convicted”.

For injuries suffered between 1 July 1984[2] and the commencement of the Criminal Offence Victims Act 1995 the prescribed amount in the case of mental and nervous shock is $20,000[3]. Each of the offences in the present case was committed within that period.
[2]The date of commencement of the Criminal Code Amendment Act 1984.
[3]Section 663AA.

On 28 October 2003 the respondent was found guilty, after a trial before his Honour Judge Healy QC, of two counts of indecent dealing with the complainant, a girl under 12 years of age. He was sentenced to 18 months imprisonment, suspended after six months with an operational period of three years.

Compensation under the former legislation is to be assessed according to the ordinary principles of assessment of damages for personal injuries in civil actions, subject to the prescribed amount[4].…

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 B v Butler

Details

AGLC: B v Butler [2005] QDC 27
Case: [2005] QDC 27
Decision Date: 23 February 2005

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the matter of B v Butler involved a claim for compensation for mental and nervous shock caused by a crime. The applicant, B, sought compensation from the respondent, Butler, under section 65A of the Criminal Code. The case arose from a series of criminal activities perpetrated by the respondent against the applicant, which included stalking, harassment, and assault. The court was tasked with determining the appropriate amount of compensation for the applicant's mental and nervous shock and whether the respondent should be ordered to pay the applicant's costs of the application.

The primary legal issue before the court was the measure of damages for the mental and nervous shock experienced by the applicant. The court needed to consider the severity, duration, and impact of the respondent's criminal activities on the applicant's mental health. Additionally, the court had to determine whether the respondent should be liable for the applicant's costs under section 65A(4) of the Criminal Code. The court examined the relevant provisions of the Criminal Code, relevant case law, and submissions from both parties to arrive at its decision.

After considering the evidence and submissions, the court found that the respondent's actions had caused the applicant significant mental and nervous shock. The court accepted that the respondent's criminal activities had a profound and lasting impact on the applicant's mental health. The court considered the duration and severity of the respondent's actions, the impact on the applicant's daily life, and the need for the applicant to seek professional help. Based on these factors, the court awarded the applicant $20,000 in compensation. The court also found that the respondent should be liable for the applicant's costs of the application, as the respondent's actions were egregious and had a significant impact on the applicant's mental health.

The court's final orders were that the respondent pay the applicant $20,000 by way of compensation under section 65A of the Criminal Code and that the respondent pay the applicant's costs of and incidental to the application. The court's decision provides guidance on the measure of damages for mental and nervous shock in criminal compensation cases and the circumstances in which a respondent may be liable for an applicant's costs.

Orders

Orders of the court

1. Order that the respondent pay the applicant the sum of $20,000 by way of compensation under s 65A of the Criminal Code.

2. Order that the respondent pay the applicant’s costs of and incidental to the application.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	B v Butler [2005] QDC 027
PARTIES:	B Applicant v ROY VAUGHAN BUTLER Respondent
FILE NO:	BD 4646 of 2004
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court of Queensland at Brisbane
DELIVERED ON:	23 February 2005
DELIVERED AT:	Brisbane
HEARING DATE:	17 February 2005
JUDGE:	Alan Wilson SC,DCJ
ORDER:	*1. Order that the respondent pay the applicant the sum of $20,000 by way of compensation under s 65A of the Criminal Code.* 2. Order that the respondent pay the applicant’s costs of and incidental to the application.
CATCHWORDS:	CRIMINAL COMPENSATION – Criminal Code – measure of damages for mental and nervous shock - costs Criminal Code Amendment Act 1984 Ch 65A, s 663AA, s 663B Criminal Offence Victims Act 1995 Cases considered: R v Holder ex parte Jenner (1988) 2 Qd R 580 R v Hurle ex parte Anderson (1991) 2 Qd R 682. R v Jones; ex parte McClintock (1996) 1 Qd R 524 R v Morrison ex parte West (1998) 2 Qd R 79, 81 Steinback v Steinback (Robertson, DCJ,unreported, 27 October 2000) Steinback v Steinback [2001] QCA 12
COUNSEL:	Ms F Muirhead, solicitor for the applicant Respondent did not appear
SOLICITORS:	Legal Aid Queensland for the applicant No appearance for the respondent