Bennett v Dowd

[2011] QDC 11

DISTRICT COURT OF QUEENSLAND

CITATION:

Bennett v Dowd [2011] QDC 11

PARTIES:

RICHARD LANCE BENNETT
(Applicant)

AND

CAMERON CHRISTOPHER DOWD
(Respondent)

FILE NO:

6/10

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

18 February 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

22 December 2010

JUDGE:

Dearden DCJ

ORDER:

The respondent Cameron Christopher Dowd pay the applicant Richard Lance Bennett the sum of $52,500.

CATCHWORDS:

LEGISLATION:

CASES:

APPLICATION – Criminal Compensation – grievous bodily harm – fractured skull – brain damage – facial palsy as analogous to facial disfigurement – mental or nervous shock – loss of hearing

Criminal Offence Victims Act1995 s.24.

Victims of Crime Assistance Act2009 ss. 154 and 155.

Kennedy v Faafeu [2010] QDC 21.

Paterson v Chand & Chand [2008] QDC 214.

COUNSEL:

Ms Y. Chekirova for the applicant

No appearance for the respondent

SOLICITORS:

Campbell & White Lawyers for the applicant

No appearance for the respondent

Introduction

1. The respondent, Cameron Christopher Dowd pleaded guilty (relevantly) in the Beenleigh District Court on 16 April 2008 to one count of grievous bodily harm in respect of the applicant, Richard Lance Bennett.  The respondent was sentenced by me at the Beenleigh District Court on 18 June 2008 (relevantly) to four years imprisonment, suspended after serving 12 months imprisonment, with an operational period of five years.  The respondent received concurrent sentences for unrelated counts including armed robbery, unlawful use of a motor vehicle and common assault.

Facts

1. The applicant was the occupier of a house in Marsden.  On 20 January 2007, the applicant held a party at his house to celebrate his daughter’s 18^th birthday.  After a disturbance involving the respondent and another person (resulting in a charge of common assault against the respondent), the applicant told the respondent and his friends to get out of his house.  The applicant pushed a party guest, Joshua Quinlan (who had been invited to the party, but had then attended with two car loads of uninvited guests), once.  A third person pulled apart the applicant and Joshua Quinlan to prevent them from fighting.  The applicant was then speaking to Joshua Quinlan.  At this stage, the respondent ran in and hit the applicant in the back of the head with a fence paling.  The applicant immediately dropped to the ground as a result of this blow.[1]

   [1] Exhibit E (Schedule of Facts) affidavit of Abigail Webb sworn 23 December 2009.

Injuries

1. The applicant suffered the following injuries:

(i)          right petrous temple fracture (fracture to the right temple);

(ii)         right frontoparietal linear minimally displaced fracture (undisplaced fracture in the skull, underneath the hairline);

(iii)        small right frontoparietal extradural haematoma (collection of blood underneath the fracture to the right temple);

(iv)        small right contusion of the posterior left temporal lobe (bruise to the brain, less than 1 cm in diameter);

(v)         small left sided acute subdural haematoma and traumatic subarachnoid haemorrhage;

(vi)        right facial nerve palsy; and

(vii)       right sided deafness.[2]

[2] Exhibit E, affidavit of…