CHR v FSR

[2011] QDC 79

DISTRICT COURT OF QUEENSLAND

CITATION:

CHR v FSR [2011] QDC 79

PARTIES:

CHR
(Applicant)

v

FSR

(Respondent)

FILE NO/S:

52/2009

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

21 April 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

21 April 2011

JUDGE:

Dearden DCJ

ORDER:

THE RESPONDENT FSR PAY THE APPLICANT CHR THE SUM OF $80,000.

CATCHWORDS:

Application – Criminal Compensation – Indecent treatment – Post Traumatic Stress Disorder

LEGISLATION:

Criminal Code Act 1899 s.663B(1) & (2) (section since repealed)

Criminal Offence Victims Act1995

Uniform Civil Procedure Rules r.389(1)

Victims of Crime Assistance Act2009 s.167(2)

CASES:

HW v LO [2000] QCA 377

R v Jones; ex parte McClintock [1996] 1 Qd R 524

Thompson v Dowley [2007] QDC 132

COUNSEL:

Ms Fadden (solicitor) for the applicant

No appearance for the respondent

SOLICITORS

Legal Aid Queensland for the applicant

No appearance for the respondent

INTRODUCTION
[1] HIS HONOUR:  The respondent, FSR, was sentenced in the Beenleigh District Court on 11 September 2007 to four years imprisonment in respect of each of seven counts of indecent treatment of a girl under 16 years, under 14 years, in respect of the applicant, CLR (the respondent's daughter).  The respondent's sentences were suspended after serving a period of 16 months imprisonment with an operational period of five years.

FACTS
[2] The offences occurred between 1984 and 1990, when the applicant was aged seven to 13 years old.

[3] The schedule of facts (sentence Exhibit 2) sets out the facts in respect of each of the offences as follows:

“Count 1
[4] On an unknown date between 1 January 1985 and 1 December 1987, the [applicant] was living with her family at Kingston.  At this time the [applicant] was a student at a State Primary School.  The [applicant] remembers lying in her bed when the [respondent] entered her bedroom and sat on the bed next to the [applicant].  He then placed his hand underneath her nightdress and used his fingers to stroke the top of her vagina and the top of her underwear.  The [respondent] then pulled the sheet away from the [applicant] and lay next to her on the bed.  He pulled off her underwear.  The [respondent] moved one of his hands between her legs and he used his

fingers to stroke the inside of the complainant's vagina in an up and down motion.  The [respondent] then left the bedroom.

Count 2
[5] Up to a week after the first incident, the [applicant] stated that she awoke in her bed to her underwear being removed down her body.  The [applicant] was lying on her stomach and then saw the [respondent] kneeling over her body and removing her underwear.  The [respondent] moved the legs of the [applicant] slightly apart with his hands, and then put his hands between her legs.  The [respondent] touched her on the vagina with his hands and moved his hands around her inner upper thighs and buttocks.  The [respondent] propped up the [applicant's] body with both of…