Chong v Chong

[2010] QDC 530

DISTRICT COURT OF QUEENSLAND

CITATION:

Chong v Chong [2010] QDC 530

PARTIES:

KAREN LEE CHONG
applicant

v

DORAMIE GRACE CHONG
respondent

FILE NO/S:

38/2009

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Mt Isa

DELIVERED ON:

17 December 2010

DELIVERED AT:

Mt Isa

HEARING DATE:

17 December 2010

JUDGE:

Dearden DCJ

ORDER:

The respondent Doramie Grace Chong pay the applicant Karen Lee Chong the sum of $21,000.

CATCHWORDS:

LEGISLATION:

CASES:

APPLICATION – CRIMINAL COMPENSATION – unlawful wounding – gunshot/stab wound – mental or nervous shock

Criminal Offence Victims Act1995 (Qld) s.25(7).

Victims of Crime Assistance Act 2009 (Qld)

Kennedy v Faafeu [2010] QDC 21.

Paterson v Chand & Chand [2008] QDC 214.

R v Chong; ex-parte, Attorney General (Qld) [2008] QCA 22.

Ward v Dooley [2000] QCA 493.

COUNSEL:

Ms J. Johnsen (Solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Rod Madsen Solicitors for the applicant

No appearance for the respondent

INTRODUCTION
[1] HIS HONOUR:  The respondent Doramie Grace Chong was sentenced by Judge Kingham DCJ, on 3 September, 2007, at the District Court, Mornington Island, to two and a half years imprisonment on a single count of unlawful wounding of the applicant (who is the mother of the respondent).  The respondent was placed on immediate parole on the day of sentence.

[2] This sentence was the subject of an unsuccessful Attorney-General's appeal, (R v Chong; ex-parte, Attorney-General (Qld)[2008] QCA 22.)

FACTS
[3] The facts are neatly and appropriately summarised at paragraphs 5 and 6 of the decision in R v Chong, ex-parte, Attorney-General(Qld), and I quote:  "The unlawful wounding occurred on the evening of 19 February, 2007, when the [applicant], who is the [respondent's mother], the respondent and the respondent's defacto husband went back to their home after some substantial drinking at the hotel.

[4] The [applicant] was then living with the respondent and her husband.  The respondent and her husband had an argument, and the respondent left the house.  There was then an argument between the [applicant] and the respondent's husband, and he hit the [applicant] on the head with a plastic bucket, and then a length of hard plastic pipe.

[5] The respondent returned home and saw them fighting and went inside the house and came outside with a knife.  Her husband walked away, and the respondent said to the [applicant] 'I'll stab you'.  She stabbed her mother in the leg, she then stabbed her twice more in the back, and then walked off, desisting in the attack of her own accord.  The [applicant] called for help and an ambulance was summonsed."

INJURIES 
[6] The injuries were outlined by the prosecutor to the sentencing Judge in the following terms:  {Exhibit JCJ-1 (Sentencing Submissions) pp 6-7, affidavit of Jenna Johnsen, sworn 8 September, 2010}:  "The [applicant] told the [respondent] that she was bleeding.  The [respondent] then walked away with the knife, and that was the conclusion of the incident.  The [applicant] yelled out…