Boulter v. Bradford

[2009] QDC 80

SUPREME COURT OF QUEENSLAND

CITATION:

Boulter v Bradford [2009] QDC 80

PARTIES:

ANDREW PAUL BOULTER

(Applicant)

v

AARON KEITH BRADFORD

(Respondent)

FILE NO/S:

124/2008

DIVISION:

Civil Jurisdiction

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

20 March 2009

DELIVERED AT:

Beenleigh

HEARING DATE:

16 December 2009

JUDGES:

Dearden DCJ

ORDER:

That the respondent Aaron Keith Bradford pay the applicant Andrew Paul Boulter the sum of $22, 500.00.

CATCHWORDS:

Application – Criminal Compensation – grievous bodily harm – loss of tooth – facial fracture.

CASES:

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

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

Wren v Gaulai [2008] QCA 148

LEGISLATION:

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

COUNSEL:

Mr L Dollar for the applicant.

No appearance for the respondent.

SOLICITORS:

Raniga Lawyers, solicitors for the applicant.

No appearance for the respondent.

Introduction

1. The applicant Andrew Paul Boulter seeks compensation in respect of injuries suffered by him in a confrontation which occurred on 13 April 2006 at Marsden. After a trial on 8 and 9 August 2007 before Judge Kingham at the District Court, Beenleigh, the respondent Aaron Keith Bradford was found guilty of one count of grievous bodily harm. Judge Kingham sentenced the respondent to 18 months imprisonment and ordered a parole release date of 9 August 2007.

Facts

1. The sentencing remarks of Her Honour Judge Kingham indicate that the applicant suffered a fracture of the right angle of the mandible (the applicant’s jaw) with displacement associated with a root fracture of the applicant’s second molar. This occurred as a result of a single blow to the applicant’s head by the respondent.[1] The sentencing judge explicitly noted in her sentencing remarks that the respondent was being sentenced on the basis that there had been prior encounters between the applicant and the respondent that night, that there was some history of animosity between the applicant and the respondent that night, and further that it may not have taken a great deal of force for the respondent’s blow to have caused the injuries that it did.[2]

   [1]Exhibit APB 3 (sentencing remarks) p. 2 affidavit of Andrew Paul Boulter sworn 3 October 2008.

   [2]Exhibit APB 3 (sentencing remarks) p. 3 affidavit of Andrew Paul Boulter sworn 3 October 2008.

Injuries

1. As outlined above, the applicant suffered grievous bodily harm, being a fracture of the right angle of the mandible (the applicant’s jaw) with displacement associated with a root fracture of the applicant’s second molar.

1. The applicant was taken to the Logan Hospital on the night of the injury where he was x-rayed. The applicant was then taken to the Princess Alexandra Hospital and on 16 April 2007 the applicant underwent surgery where titanium screws and a plate were inserted in his jaw and the tooth that sustained the root fracture was removed. The medical prognosis was that he would have been left with diminished mandibular function which would slowly improve, and if left…