C v Porter - [2010] QDC 484

DISTRICT COURT OF QUEENSLAND

CITATION:

C v Porter [2010] QDC 484

PARTIES:

C
(applicant)

v

STEPHEN BRUCE PORTER
(respondent)

FILE NO/S:

82/10

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

14 December 2010

DELIVERED AT:

Brisbane

HEARING DATE:

13 December 2010

JUDGE:

Rafter SC DCJ

ORDER:

The respondent pay to the applicant the sum of $39,750 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of burglary with violence, deprivation of liberty, robbery with personal violence, sexual assault and rape which led to the conviction of the respondent in the District Court at Brisbane on 17 January 2008.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – where applicant was the victim of sexual offences – where the applicant suffered “mental or nervous shock” – where the applicant suffered “adverse impacts” – assessment of compensation.

Criminal Offence Victims Act 1995(Qld), s 20, s 22, s 24, s 25

Criminal Offence Victims Regulation 1995(Qld), s 1A, s 2, s 2A

Victims of Crime Assistance Act 2009(Qld), s 149, s 155

Michael v Christiansen [2010] QDC 157

M.R. v Webb [2001] QCA 113

JI v AV [2002] 2 Qd R 367; [2001] QCA 510

R v Bennett, ex parte Facer [2002] 2 Qd R 295; [2001] QCA 395

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

RMC v NAC [2009] QSC 149

COUNSEL:

S J Hamlyn-Harris for the applicant
The respondent appeared on his own behalf

SOLICITORS:

Legal Aid Queensland for the applicant
The respondent appeared on his own behalf

Introduction

The applicant seeks compensation for emotional injuries caused by personal offences including sexual offences committed by the respondent on 20 February 2007. The Criminal Offence Victims Act 1995 was repealed by s 149 Victims of Crime Assistance Act 2009 which commenced on 1 December 2009. However the application was filed on 12 January 2010 which is before the two month expiry period contained in the transitional provision in s 155(2)(b). Therefore the court is required to hear and determine the application under the Criminal Offence Victims Act 1995(s 155(3)).

On 17 January 2008 the respondent was convicted by a jury of one count of burglary with violence, one count of deprivation of liberty, one count of robbery with personal violence, two counts of sexual assault and three counts of rape. On 18 January 2008 the respondent was sentenced to 15 years imprisonment in respect of Count 7, a count of rape consisting of sexual intercourse. Lesser concurrent sentences were imposed in respect of the other counts. The convictions for the offences of burglary with violence and rape were declared to be convictions of serious violent offences. A period of 322 days pre sentence custody from 2 March 2007 to the date of sentence on 18 January 2008 was declared to be imprisonment already served under the sentence.

The respondent’s appeal to the Court of Appeal was dismissed on 25 July…

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 C v Porter

Details

AGLC: C v Porter [2010] QDC 484
Case: [2010] QDC 484
Decision Date: 14 December 2010

CaseChat Overview and Summary

In the case of C v Porter, the applicant sought compensation under the Criminal Offence Victims Act 1995 for injuries sustained from the respondent’s sexual offences, which included burglary with violence, deprivation of liberty, robbery with personal violence, sexual assault, and rape. These offences led to the respondent's conviction in the District Court at Brisbane on 17 January 2008. The applicant claimed to have suffered both mental and nervous shock as well as adverse impacts due to the crimes.

The primary legal issue the court had to address was whether the applicant’s claims of mental or nervous shock and adverse impacts were sufficiently substantiated to warrant compensation under the Act. The court needed to determine if the applicant’s suffering met the criteria for compensation, which includes establishing the causal link between the injuries and the crimes committed by the respondent.

The court found that the applicant had indeed suffered mental or nervous shock and adverse impacts as a result of the crimes. The court was satisfied that the applicant’s claims were substantiated by evidence and that the injuries suffered were directly linked to the respondent's actions. Consequently, the court ruled that the applicant was entitled to compensation under section 24 of the Criminal Offence Victims Act 1995.

In light of the findings, the court ordered the respondent to pay the applicant $39,750 by way of compensation. This amount was deemed appropriate given the nature and severity of the injuries and the impact on the applicant’s mental and emotional well-being. The compensation was intended to address the specific harms suffered by the applicant due to the respondent's criminal conduct.

Orders

Orders of the court

The respondent pay to the applicant the sum of $39,750 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of burglary with violence, deprivation of liberty, robbery with personal violence, sexual assault and rape which led to the conviction of the respondent in the District Court at Brisbane on 17 January 2008.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	C v Porter [2010] QDC 484
PARTIES:	C (applicant) v STEPHEN BRUCE PORTER (respondent)
FILE NO/S:	82/10
PROCEEDING:	Application for Criminal Compensation
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	14 December 2010
DELIVERED AT:	Brisbane
HEARING DATE:	13 December 2010
JUDGE:	Rafter SC DCJ
ORDER:	The respondent pay to the applicant the sum of $39,750 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of burglary with violence, deprivation of liberty, robbery with personal violence, sexual assault and rape which led to the conviction of the respondent in the District Court at Brisbane on 17 January 2008.
CATCHWORDS:	APPLICATION – CRIMINAL COMPENSATION – where applicant was the victim of sexual offences – where the applicant suffered “mental or nervous shock” – where the applicant suffered “adverse impacts” – assessment of compensation. *Criminal Offence Victims Act* 1995(Qld), s 20, s 22, s 24, s 25 *Criminal Offence Victims Regulation* 1995(Qld), s 1A, s 2, s 2A *Victims of Crime Assistance Act* 2009(Qld), s 149, s 155 Michael v Christiansen [2010] QDC 157 M.R. v Webb [2001] QCA 113 *JI v AV* [2002] 2 Qd R 367; [2001] QCA 510 *R v Bennett, ex parte Facer* [2002] 2 Qd R 295; [2001] QCA 395 *R v Ward, ex parte Dooley* [2001] 2 Qd R 436; [2000] QCA 493 *RMC v NAC* [2009] QSC 149
COUNSEL:	S J Hamlyn-Harris for the applicant The respondent appeared on his own behalf
SOLICITORS:	Legal Aid Queensland for the applicant The respondent appeared on his own behalf