Cap v GJT

[2010] QDC 143

DISTRICT COURT OF QUEENSLAND

CITATION:

CAP v GJT [2010] QDC 143

PARTIES:

CAP

(Applicant)

v

GJT

(Respondent)

FILE NO/S:

2580/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

13 April 2010

DELIVERED AT:

Brisbane

HEARING DATE:

1 October 2009

JUDGE:

Tutt DCJ

ORDER:

The respondent GJT pays to the applicant CAP the sum of $22,500.00 for injury suffered by her including adverse impacts caused by the respondent to the applicant for which the respondent was convicted by the District Court at Toowoomba on 31 August 2007.

CATCHWORDS:

CRIMINAL COMPENSATION – unlawful and indecent treatment of child under 16 under 12 years – where applicant suffered “mental or nervous shock” - where applicant suffered “adverse impacts” of a sexual offence under s 1(A)(2) of the Criminal Offence Victims Regulation 1995 - where applicant’s behaviour did not contribute to injury.

Criminal Offence Victims Act 1995 s 20, 24, 25(7), 31

Criminal Offence Victims Regulation 1995 s 1A

Ferguson v Kazakoff; ex parte Ferguson [2001] 2 Qd R 320

LMW v Nicholls (2004) QDC 118

R v van Gilman ex parte Owens [2001] QSC 391

Re JI v AV [2001] QCA 510

RMC v NAC [2009] QSC 149

SAY v AZ: ex parte AG (Qld) [2006] QCA 462

Zaicov and McKenna v Jones [2001] QCA 442

SOLICITORS:

Mr B.G. Fotheringham Solicitor of John Paul Mould Solicitors for the applicant

Mrs J. Harrison appeared by leave for the respondent

Introduction:

1. CAP (“the applicant”) claims compensation under Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) for alleged injury she sustained arising out of the criminal conduct of GJP (“the respondent”) who was convicted by the District Court at Toowoomba on 31 August 2007 of three offences of unlawfully and indecently dealing with a child under 16 years then under 12 years.

1. The application is made on the basis of a “mental or nervous shock” disorder together with a claim under s 1A of the Criminal Offence Victims Regulation 1995 (“the regulation”) that the applicant has suffered a number of “adverse impacts” as defined under s 1A(2) of the regulation arising out of the sexual offences committed against her.

1. The application for compensation is made pursuant to s 24 of the Act and is supported by the following material:

(a)The applicant’s affidavit with exhibits sworn 3 September 2009 and filed in this court on 10 September 2009;

(b)The affidavit with exhibits of Dr Barbara Anne McGuire psychiatrist sworn 19 May 2009 and filed in this court on 10 September 2009.

(c)The affidavit of service of Kevin Edward Dooley bailiff sworn 30 September 2009 and filed by leave in this court on 1 October 2009.

Background Facts:

1. The respondent’s criminal conduct relates to offences committed “between 1 August 1999 and 1 January 2000” when the applicant was approximately 10 years of age her date of birth being “5 October 1989”.  The circumstances of the respondent’s criminal conduct involved the inappropriate touching and kissing of the complainant to which…