Carmichael v Morris-Brauer

[2010] QDC 384

DISTRICT COURT OF QUEENSLAND

CITATION:

Carmichael v Morris-Brauer [2010] QDC 384

PARTIES:

BRETT JOHN CARMICHAEL
(applicant)

V

NATHAN JAMES MORRIS-BRAUER
(respondent)

FILE NO/S:

7/2010

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

1 October, 2010

DELIVERED AT:

Beenleigh

HEARING DATE:

31 August 2010

JUDGE:

Dearden DCJ

ORDER:

The respondent Nathan James Morris-Brauer pay the applicant Brett John Carmichael the sum of $28,000

CATCHWORDS:

APPLICATION – CRIMINAL COMPENATION – UNLAWFUL WOUNDING – BRUSING/LACERATION – FACIAL DISFIGUREMENT OR BODILY SCARRING – MENTAL OR NERVOUS SHOCK

LEGISLATION:

Criminal Offence Victims Act (Qld) 1995 s. 35(7).

Victims of Crime Assistance Act (Qld) 2009 s. 154, s. 155.

CASES:

Paterson v Chand & Chand [2008] QDC 214

Kennedy v Faafeu [2010] QDC 21

COUNSEL:

Ms Y Chekirova for the applicant
No appearance for the respondent

SOLICITORS:

Campbell & Whyte Lawyers for the applicant
No appearance for the respondent

Introduction

1. The respondent, Nathan John Morris-Brauer, pleaded guilty before me in the Beenleigh District Court on 1 May 2009 to one count of unlawfully wounding the applicant, Brett John Carmichael.  The respondent was sentenced to 18 months imprisonment with a parole date fixed at 31 August 2009. 

Facts

1. The offence occurred on 31 March 2006 at the Windaroo Tavern, Windaroo.  The applicant, then 20, went to the Windaroo Tavern with a friend to celebrate the applicant’s aunt’s birthday.  The applicant had been at the tavern for about half an hour and was on his second schooner of beer when he was beckoned over by the respondent, who was sitting with and talking to another group.  The respondent waved the applicant towards himself.  The applicant recognised the respondent as someone he had seen around the area.  The applicant also knew a few people that the respondent was sitting with.

1. The applicant walked over to the respondent’s group at a normal pace, with a beer in his hand at waist height.  When the applicant was within talking distance of the respondent, the respondent lifted his schooner glass and, while holding the glass, pushed it into the face of the applicant.  The glass hit the applicant between the eyes. 

1. The glass shattered on the face of the applicant.  Although the applicant did not fall            over, he stumbled back as a result of the glass being pushed into his face.  The        applicant felt immediate pain and noticed blood pouring from his face.  The     applicant looked at the respondent, who proceeded to run from the tavern.            Although people present gave chase, they were unable to locate the respondent.     The applicant went into the toilets and tried to wash his wounds.  One of the     applicant’s friends took his shirt off and gave it to the applicant.[1]

   [1]Exhibit E (Schedule of Facts) Affidavit of Lauren Wilkie sworn 22.12.2009

Injuries

1. The applicant was taken to the Logan Hospital by his mother where he received 16-20 stitches to his facial area.  The injuries noted by the treating doctor were:-

• A thin laceration across the forehead;

• A laceration superior to medial canthus of…