Creed v Creevy

Case

[2001] QSC 267

27 July 2001


Details
AGLC Case Decision Date
Creed v Creevy [2001] QSC 267 [2001] QSC 267 27 July 2001

CaseChat Overview and Summary

The applicant in this case, Creed, sought compensation from the respondent, Creevy, under section 663B of the Criminal Code (Qld). This provision allows for compensation for victims of criminal acts, and Creed claimed for nervous shock and physical injuries sustained when Creevy was convicted of grievous bodily harm on 29 January 1996. The case was heard in the District Court of Queensland.

The court had to determine whether the compensation claim was valid under the statutory scheme and if so, what amount was appropriate. The key issues included whether the injuries claimed were a direct result of the offence for which Creevy was convicted, and whether the compensation was to be awarded in full or reduced based on any contributory negligence by Creed. The court also had to consider the extent of the injuries and the impact on Creed's life.

The court found that the injuries sustained by Creed were indeed a direct result of the offence for which Creevy was convicted. It also found that there was no contributory negligence on the part of Creed. The court awarded the full amount of compensation sought by Creed, which was $55,390. Additionally, the court ordered Creevy to pay Creed's costs of the application to be assessed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Compensatory Damages

  • Criminal Liability

  • Compensation

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