CAC v SAD

[2009] QDC 395

DISTRICT COURT OF QUEENSLAND

CITATION:

CAC v SAD [2009] QDC 395

PARTIES:

CAD

(Applicant)

v

SAD

(Respondent)

FILE NO/S:

1639/07

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

4 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

27 November 2009

JUDGE:

Rafter SC DCJ

ORDERS:

Leave granted to the applicant to continue the proceeding pursuant to rule 389(2) Uniform Civil Procedure Rules 19991. 

2. The respondent pay to the applicant the sum of $24,750 by way of compensation pursuant to s.24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of assault occasioning bodily harm, grievous bodily harm and unlawful stalking with violence contravening a court order which led to the conviction of the respondent in the District Court at Brisbane on 24 September 2004

APPLICATION – CRIMINAL COMPENSATION – assault occasioning bodily harm – grievous bodily harm –– unlawful stalking with violence contravening a court order – physical injuries and mental or nervous shock

COUNSEL:

F Muirhead, solicitor for the applicant

No appearance by or for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

No appearance by or for the respondent

Introduction

1. The applicant seeks compensation pursuant to s 24 Criminal Offence Victims Act 1995 for physical and emotional injuries caused by assaults by the respondent between February 2002 and December 2003.

1. On 24 September 2004 in the District Court at Brisbane, the respondent pleaded guilty to, inter alia, 5 counts of assault occasioning bodily harm, one count of grievous bodily harm and one count of unlawful stalking with violence contravening a Court order.

1. He was sentenced to 5 years imprisonment for the offence of unlawful stalking with violence contravening a Court order, and 3 years imprisonment for each of the offences of assault occasioning bodily harm and the offence of grievous bodily harm.

1. The respondent had served 277 days in pre-sentence custody which was declared as imprisonment already served under the sentence.

1. The respondent has not been served with the application and supporting material personally.  The respondent has been released from custody. On 3 September 2009 an order for substituted service was made.  Pursuant to that order a letter notifying the respondent of the date of hearing and enclosing the application and supporting material was sent to the respondent, care of the Director-General of the Department of Community Safety, Probation and Parole on 18 September 2009. The Department has sent the documents to him at his last known address.

1. There has been no appearance by or for the respondent.

Circumstances of the offence

1. The offences were committed in the period February 2002 to December 2003. The applicant and respondent were in a relationship for a short period of time and were living with the respondent’s mother in February 2002.

1. The offences were of a violent nature with a high level of intimidation. They included grabbing the applicant’s throat and squeezing with some force, biting the applicant’s ear drawing blood, punching to the face, slamming her head…