Bowman and Inwood v Ba-Che

DISTRICT COURT OF QUEENSLAND

CITATION:

Bowman and Inwood v Ba-Che [2010] QDC 271

PARTIES:

SHIRLEY JOY BOWMAN AND JOHN EDWARD INWOOD

v.

LARRY JAMES BA-CHE

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Beenleigh District Court

DELIVERED ON:

31 May 2010

DELIVERED AT:

Beenleigh

HEARING DATE:

31 May 2010

JUDGE:

Dearden DCJ

ORDER:

Order that the respondent Larry James Ba-Che pay the applicant Shirley Joy Bowman the sum of $8,250.00

Order that the respondent Larry James Ba-Che pay the applicant John Edward Inwood the sum of $21,000.00. 

CATCHWORDS:

Application – Criminal Compensation – Serious Assault – Assault occasioning bodily harm whilst armed - Bruising – mental or nervous shock

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld)

CASES:

Kennedy v Faafeu [2010] QDC 21

Paterson v Chand and Chand [2008] QDC 214
RMC v. NAC [2009] QSC 149

SOLICITORS: 

Peter Saggers, Howden Saggers for the applicants.

No appearance for the respondent.

Introduction
HIS HONOUR:  The proceedings before me today are two criminal compensation applications, Shirley Joy Bowman against Larry James Ba-Che and John Edward Inwood against Larry James Ba-Che.  Both injuries occurred as a result of the one event (although with different charges relating to each of the two complainant/applicants) and it is convenient to deliver these reasons as a single set of reasons although, of course, dealing separately with matters relating to each of the applicants.

The respondent, Larry James Ba-Che, has not appeared before me this morning.  In respect of the applicant Shirley Joy Bowman he pleaded guilty to one count of serious assault and was sentenced by me to 100 hours community service which, upon further application, was revoked (on 1 February 2008) and a prison sentence of three months, wholly suspended, with an operational period of 18 months imposed in substitution.

In respect of the applicant John Inwood the respondent pleaded guilty to one count of assault occasioning bodily harm whilst armed and was sentenced by me to 100 hours community service.  Both the sentences in respect of the applicant Shirley Bowman and the applicant John Inwood occurred in the Beenleigh District Court on 5 June 2007.

Similarly to the outcome of the matters involving Ms Bowman, Mr Ba-Che was re-sentenced upon an application to revoke the community service order which proceeded before me on 1 February 2008 and was sentenced to three months, wholly suspended, with an operational period of 18 months.

Facts
The incident occurred on 6 September 2006.  The applicant Shirley Bowman was then 61 years old and was the de facto wife of the applicant John Inwood who was then 62 years old.  The respondent was their neighbour at the time of the incident.

On 6 September 2006 the respondent walked into the front yard of the home of the two applicants armed with a wooden pole which was the wooden mount for a beach umbrella.  The respondent yelled, "You all stand aside.  The police are coming and I want all of you to stay inside.  I'm ready for them."

The respondent…