Cja v SAA - [2010] QDC 147

DISTRICT COURT OF QUEENSLAND

CITATION:

CJA v SAA [2010] QDC 147

PARTIES:

CJA

(applicant)

v

SAA

(respondent)

FILE NO/S:

374/10

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

ORDER MADE:

15 April 2010

REASONS DELIVERED:

16 April 2010

DELIVERED AT:

Brisbane

HEARING DATE:

15 April 2010

JUDGE:

Rafter SC DCJ

ORDER:

The respondent pay to the applicant the sum of $26,250.00 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of indecent treatment of a child under 16 whilst under care which led to the conviction of the respondent in the District Court at Brisbane on 19 September 2007

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – where applicant was the victim of sexual offences – where the applicant suffered “mental or nervous shock” – where the applicant suffered “adverse impacts” – assessment of compensation

Criminal Offence Victims Act 1995 (Qld), s 20, s 22, s 24, s 25

Criminal Offence Victims Regulation 1995 (Qld), s 1A, s 2, s 2A

Public Trustee Act 1978 (Qld)

Victims of Crime Assistance Act 2009 (Qld), s 149, s 155

R v Atwell, ex parte Jullie [2002] 2 Qd R 367; [2001] QCA 510

R v Ward, ex parte Dooley [2001] 2 QdR 436; [2000] QCA 493

RMC v NAC [2009] QSC 149

COUNSEL:

D Kozaric, solicitor for the applicant

No appearance by or for the respondent

SOLICITORS:

A P Hodgson & Associates for the applicant

No appearance by or for the respondent

Introduction

The applicant seeks compensation pursuant to s 24 Criminal Offence Victims Act 1995 for emotional injuries caused by sexual offences committed by the respondent. The Criminal Offence Victims Act 1995 was repealed by s 149 Victims of Crime Assistance Act 2009 which commenced on 1 December 2009. However the application was filed on 29 January 2010 which is before the two month expiry period contained in the transitional provision in s 155(2)(b). Therefore the court is required to hear and determine the application under the Criminal Offence Victims Act 1995 (s 155(3)).

On 19 September 2007 the applicant pleaded guilty to six counts of indecent treatment of a child under 16 years who was under his care. He was sentenced to three years imprisonment. It was declared that the respondent had served 225 days in pre-sentence custody which was deemed to be imprisonment already served under the sentence.

The respondent was served with the application and supporting affidavit material at the Maryborough Correctional Centre on 17 February 2010.[1] There was no appearance by or for the respondent.
[1]Affidavit of David Francis Frost filed 4 March 2010.

As the Public Trustee is the manager of the respondent’s estate pursuant to Part 7 Public Trustee Act 1978, the applicant’s solicitors took the step of sending the application and supporting affidavit material to the Public Trustee by mail and facsimile on 7 April 2010.[2] The applicant’s solicitors have not received any indication that the Public Trustee wished to…

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 Cja v SAA

Details

AGLC: Cja v SAA [2010] QDC 147
Case: [2010] QDC 147
Decision Date: 16 April 2010

CaseChat Overview and Summary

The case of Cja v SAA involved an application for criminal compensation by the applicant, Cja, who was a victim of sexual offences. The applicant sought compensation for injuries sustained as a result of the offences of indecent treatment of a child under 16 while under the care of the respondent, SAA. The respondent had been convicted in the District Court at Brisbane on 19 September 2007. The primary issue before the court was the assessment of compensation to be awarded to Cja under section 24 of the Criminal Offence Victims Act 1995, considering the mental and nervous shock and adverse impacts suffered by the applicant due to the sexual offences.

The court examined the nature and extent of the injuries sustained by Cja, including the mental and nervous shock, and the adverse impacts on her life. The court considered the evidence presented by Cja regarding the psychological trauma and the impact of the offences on her daily life, relationships, and overall wellbeing. The court also took into account the statutory provisions for compensation and the principles of fairness and equity in determining the appropriate amount of compensation to be awarded to Cja. The court concluded that the applicant had suffered significant mental and nervous shock and adverse impacts due to the offences committed by the respondent.

In reaching its decision, the court found that the applicant was entitled to compensation under the provisions of the Criminal Offence Victims Act 1995. The court assessed the evidence and determined that the appropriate amount of compensation to be awarded to Cja was $26,250.00. The court ordered the respondent to pay the applicant this sum by way of compensation for the injuries sustained as a result of the offences. The court's decision was based on a careful consideration of the evidence and the statutory provisions governing criminal compensation in cases of sexual offences.

Orders

Orders of the court

The respondent pay to the applicant the sum of $26,250.00 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of indecent treatment of a child under 16 whilst under care which led to the conviction of the respondent in the District Court at Brisbane on 19 September 2007

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

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Ratio Decidendi

Legal Principle Established

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CITATION:	CJA v SAA [2010] QDC 147
PARTIES:	CJA (applicant) v SAA (respondent)
FILE NO/S:	374/10
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court, Brisbane
ORDER MADE:	15 April 2010
REASONS DELIVERED:	16 April 2010
DELIVERED AT:	Brisbane
HEARING DATE:	15 April 2010
JUDGE:	Rafter SC DCJ
ORDER:	The respondent pay to the applicant the sum of $26,250.00 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of indecent treatment of a child under 16 whilst under care which led to the conviction of the respondent in the District Court at Brisbane on 19 September 2007
CATCHWORDS:	APPLICATION – CRIMINAL COMPENSATION – where applicant was the victim of sexual offences – where the applicant suffered “mental or nervous shock” – where the applicant suffered “adverse impacts” – assessment of compensation Criminal Offence Victims Act 1995 (Qld), s 20, s 22, s 24, s 25 Criminal Offence Victims Regulation 1995 (Qld), s 1A, s 2, s 2A Public Trustee Act 1978 (Qld) Victims of Crime Assistance Act 2009 (Qld), s 149, s 155 R v Atwell, ex parte Jullie [2002] 2 Qd R 367; [2001] QCA 510 R v Ward, ex parte Dooley [2001] 2 QdR 436; [2000] QCA 493 RMC v NAC [2009] QSC 149
COUNSEL:	D Kozaric, solicitor for the applicant No appearance by or for the respondent
SOLICITORS:	A P Hodgson & Associates for the applicant No appearance by or for the respondent