Bassos v Axford - [2010] QDC 140

DISTRICT COURT OF QUEENSLAND

CITATION:

Bassos v Axford [2010] QDC 140

PARTIES:

MATTHEW VICTOR BASSOS

(Applicant)

v

REECE JAMES AXFORD

(Respondent)

FILE NO/S:

3476/09

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

13 April 2010

DELIVERED AT:

Brisbane

HEARING DATE:

13 April 2010

JUDGE:

Rafter SC DCJ

ORDER:

The respondent pay to the applicant the sum of $18,750.00 by way of compensation pursuant to s.24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of robbery in company with personal violence which led to the conviction of the respondent in the District Court at Brisbane on 17 April 2008.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – robbery in company with personal violence – physical injuries and mental or nervous shock

Criminal Offence Victims Act 1995 (Qld), s 22, s 24, s 25, s 26

Criminal Offence Victims Regulation 1995 (Qld), s 2

Victims of Crime Assistance Act 2009 (Qld), s 155

R v Ward, ex-parte Dooley[2001] 2 Qd R 436; [2000] QCA 493

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

Wren v Gaulai [2008] 2 Qd R 383; [2008] QCA 148

COUNSEL:

C K George for the applicant

No appearance by or for the respondent

SOLICITORS:

Carter Capner Law for the applicant

No appearance by or for the respondent

Introduction

The applicant seeks compensation pursuant to s 24 Criminal Offence Victims Act 1995 (“the Act”) for physical and emotional injuries caused by an attack by the respondent on 12 April 2007. The Act was repealed by the Victims of Crime Assistance Act 2009 which came into force on 1 December 2009. The originating application was filed on 23 November 2009. The transitional provision in s 155 Victims of Crime Assistance Act 2009 requires the application to be determined pursuant to the Act.

On 17 April 2008 in the District Court at Brisbane, the respondent pleaded guilty to robbery in company with personal violence and other offences. He was sentenced to 3 years imprisonment with a parole release date fixed at 23 May 2008.[1] The period of 327 days of pre-sentence custody served by the respondent commencing on 26 May 2007 was declared to be imprisonment already served under the sentence.
[1] Exhibit JCW3 to the affidavit of Joseph Charles Wheeler, filed 17 December 2009 (Transcript (Sentence) District Court Brisbane 17 April 2008 at page 5, lines 12-25).

The application and supporting affidavit material were served on the respondent on 30 December 2009.[2]
[2] Affidavit of Dean Andrew Sawyer, filed 7 January 2010.

Circumstances of the offences

At the time of the offence, the applicant was a 19 year old student. The respondent was 18 years of age.

At approximately 10:30 pm on 12 April 2007, the applicant was walking to the Carindale Shopping Centre bus stop with five other persons. The respondent was a member of a group of persons walking towards the applicant and his group. The applicant was struck in the face by the…

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 Bassos v Axford

Details

AGLC: Bassos v Axford [2010] QDC 140
Case: [2010] QDC 140
Decision Date: 13 April 2010

CaseChat Overview and Summary

In the case of Bassos v Axford, the applicant sought compensation under the Criminal Offence Victims Act 1995 for injuries sustained during a robbery in company with personal violence. The respondent, Axford, had been convicted of the offence and sentenced in the District Court at Brisbane on 17 April 2008. The primary legal issue for the court was to determine whether the applicant was entitled to compensation and, if so, the appropriate amount. The court needed to assess the extent of the applicant’s physical injuries and the impact of any mental or nervous shock resulting from the offence.

The court examined the evidence provided by the applicant regarding the injuries and their impact. It took into account the severity of the physical harm and the psychological effects experienced by the applicant. In determining the compensation, the court considered the statutory provisions and relevant case law. It assessed the nature of the injuries, the duration of their impact, and the overall effect on the applicant’s quality of life. Based on this evaluation, the court found that the applicant was entitled to compensation for the injuries sustained during the robbery.

Consequently, the court ordered the respondent to pay the applicant $18,750.00 by way of compensation under the provisions of the Criminal Offence Victims Act 1995. The court concluded that this amount appropriately reflected the harm suffered by the applicant as a result of the robbery in company with personal violence.

Orders

Orders of the court

The respondent pay to the applicant the sum of $18,750.00 by way of compensation pursuant to s.24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of robbery in company with personal violence which led to the conviction of the respondent in the District Court at Brisbane on 17 April 2008.

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:	Bassos v Axford [2010] QDC 140
PARTIES:	MATTHEW VICTOR BASSOS (Applicant) v REECE JAMES AXFORD (Respondent)
FILE NO/S:	3476/09
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court Brisbane
DELIVERED ON:	13 April 2010
DELIVERED AT:	Brisbane
HEARING DATE:	13 April 2010
JUDGE:	Rafter SC DCJ
ORDER:	The respondent pay to the applicant the sum of $18,750.00 by way of compensation pursuant to s.24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of robbery in company with personal violence which led to the conviction of the respondent in the District Court at Brisbane on 17 April 2008.
CATCHWORDS:	APPLICATION – CRIMINAL COMPENSATION – robbery in company with personal violence – physical injuries and mental or nervous shock Criminal Offence Victims Act 1995 (Qld), s 22, s 24, s 25, s 26 Criminal Offence Victims Regulation 1995 (Qld), s 2 Victims of Crime Assistance Act 2009 (Qld), s 155 R v Ward, ex-parte Dooley[2001] 2 Qd R 436; [2000] QCA 493 Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337 Wren v Gaulai [2008] 2 Qd R 383; [2008] QCA 148
COUNSEL:	C K George for the applicant No appearance by or for the respondent
SOLICITORS:	Carter Capner Law for the applicant No appearance by or for the respondent