Clark v Scantlebury

[2010] QDC 381

DISTRICT COURT OF QUEENSLAND

CITATION:	Clark v Scantlebury [2010] QDC 381
PARTIES:	ALAN GLENN CLARK (Applicant)
V
BARBARA SCANTLEBURY (Respondent)
FILE NO/S:	115/2009
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING
COURT:	Beenleigh
DELIVERED ON:	7 October, 2010
DELIVERED AT:	Beenleigh
HEARING DATE:	13 September 2010
JUDGE:	Dearden DCJ
ORDER:	The respondent Barbara Scantlebury pay the applicant Alan Glenn Clark the sum of $9,000.
CATCHWORDS:	Application – criminal compensation – assault – mental or nervous shock – causation – vulnerability
LEGISLATION:	Criminal Offence Victims Act (Qld) 1995 s. 20, s. 21, s. 25(7).
Victims of Crime Assistance Act (Qld) 2009 s.167(2).
CASES:	Paterson v Chand & Chand [2008] QDC 214. Summers v Dougherty [2000] QSC 365. SM obo M-H v NK [2005] QDC 408. RZ v PAE [2007] QCA 166. SAY v AZ ex-parte Attorney General [2006] QCA 462.
COUNSEL:	E Williams for the applicant No appearance for the respondent
SOLICITORS:	Colin Patino & Company Solicitors for the applicant No appearance for the respondent

Introduction

1. The respondent, Barbara Scantlebury, appeared before me at the Beenleigh District Court on 1 August 2007 and pleaded guilty to one count of common assault of the applicant Alan Glenn Clark on 17 April, 2006. The respondent at the same hearing pleaded guilty to a wilful damage on 17 April, 2006 (the applicant’s car windows), and entering premises and causing wilful damage on 6 July, 2006 (the applicant’s rental property). In respect of the common assault count (the only count relevant to these criminal compensation proceedings),[1] the applicant was sentenced to three months imprisonment. The respondent was sentenced to concurrent sentences of six months imprisonment (in respect of the wilful damage count) and 12 months imprisonment (with respect to the enter premises dwelling and commit wilful damage count). In addition, the respondent was ordered to serve six months of a suspended sentence imposed on 1 August 2007 and breached by the offending. A parole release date of 1 August 2007 (the date of sentence) was set.[2]

   [1] Criminal Offence Victims Act s.20.

   [2]            Exhibit MM2 (Sentencing remarks) pp 3-4 Affidavit of Mark Meikle sworn 21 May, 2009.

Facts

1. The applicant was the landlord of the respondent. On 17 April 2006, the applicant went to the respondent’s house to serve a notice to leave on her for unpaid rent. The applicant knocked on the door. The respondent invited him in and asked if the rent had been paid “last Tuesday”. The applicant told the respondent that the rent had not been paid. The respondent and another resident, Ms Laverne McSweeney began yelling about a third person who had been living at the house. The respondent told the applicant that the third person had stolen the rent money. The applicant sat quietly and listened while the respondent made excuses for not paying the rent, but after 10 or 15 minutes, the respondent became aggressive and started yelling at the applicant, claiming she was not behind in the rent and that the applicant…