Calder v Buckley - [2004] QSC 85

SUPREME COURT OF QUEENSLAND

CITATION:

Calder v Buckley [2004] QSC 085

PARTIES:

RENEE LOUISE CALDER
(applicant)
v
ADAM RICHARD BUCKLEY

(respondent)

FILE NO/S:

BS 2526/04

DIVISION:

Trial

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Supreme Court, Brisbane

DELIVERED ON:

7 April 2004

DELIVERED AT:

Brisbane

HEARING DATE:

6 April 2004

JUDGE:

Philippides J

ORDER:

The respondent pay the applicant the sum of $26,250 by way of compensation for the injury suffered by the applicant as a result of the commission of the offences against the applicant of which the respondent was convicted.

CATCHWORDS:

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION – where respondent convicted of unlawfully assaulting the applicant and doing her bodily harm – where applicant suffered physical and psychological injuries

Criminal Offence Victims Act 1995, s 20, s 21, s 24, s 25

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

COUNSEL:

P B O’Neill for the applicant

No appearance for the respondent

SOLICITORS:

A W Bale & Son for the applicant

PHILIPPIDES J:

The Application and Relevant Law

The applicant seeks compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (“the Act”) for injuries sustained as a result of the offences of unlawful assault and doing bodily harm committed on 26 February 2002 for which the respondent was convicted on 25 July 2003.

The present application falls under the provisions of the Act, the offence being committed after the commencement date of that Act on 18 December 1995. Part 3 of that Act provides for compensation for injury caused by a “personal offence” committed against an applicant.

Section 24 of the Act provides:

“ (1) This section applies if someone (the “convicted person”) –
(a) is convicted on indictment of a personal offence; or
(b)is convicted on indictment and a personal offence is

taken into account on sentence.
(2)The person against whom the personal offence is committed may apply to the court before which the person is convicted for an order that the convicted person pay compensation to the applicant for the injury suffered by the applicant because of the offence.

(3)The court may make an order (a “compensation order”) for an amount to be paid by the convicted person to the applicant because of the injury.”

By s 21 of the Act a “personal offence” is defined as an indictable offence committed against the person of someone. The offences of unlawful assault and bodily harm, of which the respondent has been convicted upon indictment, fall within that definition. Furthermore, the injuries sustained by the applicant fall within the definition of “injury” contained in s 20 of the Act. Accordingly, pursuant to s 24(2) of the Act the applicant may apply to the court for compensation and pursuant to s 24(3) the court may make an order for compensation.

Background Facts

The applicant is a 27 year old woman and was 25 years of age at the time of the offences. She had been in a defacto…

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 Calder v Buckley

Details

AGLC: Calder v Buckley [2004] QSC 85
Case: [2004] QSC 85
Decision Date: 7 April 2004

CaseChat Overview and Summary

The case of Calder v Buckley involved a dispute between the applicant, Calder, and the respondent, Buckley, where Buckley had been convicted of unlawfully assaulting Calder and causing her bodily harm. Calder sought compensation for the physical and psychological injuries she sustained as a result of the assault. The case was heard in the relevant court which addressed the matter of compensation for the harm caused by Buckley's actions.

The primary legal issue before the court was whether the applicant was entitled to compensation for the injuries suffered as a result of the assault. The court needed to determine the extent of the injuries and the appropriate amount of compensation, if any, that should be awarded to Calder. The court also considered the principles of criminal law regarding the imposition of punishment and the concept of compensation for harm caused by criminal conduct.

In reaching its decision, the court examined the nature and extent of the injuries Calder suffered, both physical and psychological, due to Buckley's actions. The court assessed the evidence presented regarding the harm and the impact it had on Calder's life. The court considered the appropriate amount of compensation to adequately reflect the harm caused by Buckley's criminal conduct. Based on this assessment, the court concluded that Calder was entitled to compensation and ordered Buckley to pay the sum of $26,250 to Calder for the injuries she sustained.

Orders

Orders of the court

The respondent pay the applicant the sum of $26,250 by way of compensation for the injury suffered by the applicant as a result of the commission of the offences against the applicant of which the respondent was convicted.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Calder v Buckley [2004] QSC 085
PARTIES:	RENEE LOUISE CALDER (applicant) v ADAM RICHARD BUCKLEY (respondent)
FILE NO/S:	BS 2526/04
DIVISION:	Trial
PROCEEDING:	Application for Criminal Compensation
ORIGINATING COURT:	Supreme Court, Brisbane
DELIVERED ON:	7 April 2004
DELIVERED AT:	Brisbane
HEARING DATE:	6 April 2004
JUDGE:	Philippides J
ORDER:	The respondent pay the applicant the sum of $26,250 by way of compensation for the injury suffered by the applicant as a result of the commission of the offences against the applicant of which the respondent was convicted.
CATCHWORDS:	CRIMINAL LAW – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION – where respondent convicted of unlawfully assaulting the applicant and doing her bodily harm – where applicant suffered physical and psychological injuries Criminal Offence Victims Act 1995, s 20, s 21, s 24, s 25 Dooley v Ward [2000] QCA 493; [2001] 2 Qd R 436
COUNSEL:	P B O’Neill for the applicant No appearance for the respondent
SOLICITORS:	A W Bale & Son for the applicant