Corliss v RG

[2009] QDC 390

CHILDRENS COURT OF QUEENSLAND

CITATION:	Corliss v RG [2009] QDC 390
PARTIES:	MILO FILIPPO CORLISS
(Applicant) v
RG
(Respondent)
FILE NO/S:	BD 1153/08
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING  COURT:	Childrens Court of Queensland, Brisbane
DELIVERED ON:	27 November 2009
DELIVERED AT:	Brisbane
HEARING DATE:	25 November 2009
JUDGE:	Rafter SC DCJ
ORDER:	The respondent pay to the applicant the sum of $18,750 by way of compensation pursuant to s24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of assault occasioning bodily harm which led to the conviction of the respondent in the Childrens Court of Queensland at Brisbane on 3 August 2007
CATCHWORDS:	APPLICATION – CRIMINAL COMPENSATION –assault occasioning bodily harm – physical injuries and mental or nervous shock
COUNSEL:	Y Chekirova for the applicant No appearance by or for the respondent
SOLICITORS:	Carter Capner Lawyers for the applicant No appearance by or for the respondent

Introduction

1. The applicant seeks compensation pursuant to s.24 Criminal Offence Victims Act 1995 for physical and emotional injuries caused by an assault committed by the respondent on 10 February 2007. By s.256 Juvenile Justice Act 1992, the Criminal Offence Victims Act 1995 applies to an offence committed by a child unless the contrary intention appears.

2. On 3 August 2007 the respondent pleaded guilty to inter alia, one count of assault occasioning bodily harm with a circumstance of aggravation. On 12 October 2007 he was sentenced to 90 days detention, to be released after serving 50 percent of the detention. The respondent had severed 45 days in pre- sentence custody. In relation to other unrelated charges he was placed on probation for 2 years.

3. The application and supporting material was served on the respondent on 11 September 2009. However when the matter came on for hearing on 17 September 2009 there was no affidavit of service. Ms Chekirova for the applicant was unable to contact her instructing solicitors. The matter was stood down to enable her to obtain proof of service. After the matter was stood down, the respondent contacted my Associate. He had arrived at Court late. He was advised that the matter had been stood down. However when the matter was called on later the same day the respondent did not appear. The matter was adjourned to 25 November 2009. The respondent is now in custody at the Arthur Gorrie Correctional Centre. He has been served with the notification of the hearing date and indicated that he did not wish to appear. There has been no appearance on his behalf.

4. Circumstances of the offence

5. At the time of the offence the respondent was 16 years of age. The applicant was 27 years of age.

6. The offence occurred on 10 February 2007. On the evening of 9 February 2007 the applicant and his girlfriend had gone to the cinema at Carindale Shopping Centre. At approximately 1.00am on 10 February they left the Centre and went to a park nearby, sat at a table and…