SUPREME COURT OF QUEENSLAND
CITATION:
Crosbie v Lawrence [2002] QSC 217
PARTIES:
STUART ALLEN CROSBIE
(applicant)
v
SHAYNE ALLEN LAWRENCE(respondent)
FILE NO/S:
S3439 of 2002
DIVISION:
Trial
PROCEEDING:
Application for Criminal Compensation
ORIGINATING COURT:
Supreme Court, Brisbane
DELIVERED ON:
5 August 2002
DELIVERED AT:
Brisbane
HEARING DATE:
5 August 2002
JUDGE:
Philippides J
CATCHWORDS:
CRIMINAL LAW – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION – where respondent convicted of unlawful wounding – where respondent stabbed applicant – where applicant suffered mental and nervous shock – where applicant’s behaviour contributed to injury
Criminal Offence Victims Act 1995, s 21, s 24, s 25
Dooley v Ward [2000] QCA 493; [2001] 2 Qd R 436
Jones v Coolwell [2001] QSC 130, 4 May 2001
COUNSEL:
Shane Connor for the applicant
The respondent appeared in person
SOLICITORS:
McAlister & Cartmill for the applicant
The respondent appeared in person
PHILIPPIDES J:
The Application
The applicant seeks compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (“the Act”) for injuries sustained as a result of the offence of unlawful wounding committed on or about 6 August 2000 for which the respondent was convicted on 5 December 2001.
Section 24 of the Act provides:
(1) This section applies if someone (the “convicted person”) –
(a) is convicted on indictment of a personal offence; or
(b)is convicted on indictment and a personal offence is taken into account on sentence.
(2)The person against whom the personal offence is committed may apply to the court before which the person is convicted for an order that the convicted person pay compensation to the applicant for the injury suffered by the applicant because of the offence.
(3)The court may make an order (a “compensation order”) for an amount to be paid by the convicted person to the applicant because of the injury.
Section 21 of the Act describes a personal offence as “an indictable offence committed against the person of someone”.
Background Facts
On 5 December 2001, the respondent was convicted by jury and sentenced on one count of unlawful wounding, committed against the applicant on or about 6 August 2000 at Coolum Beach.
The circumstances of the offence were as follows. On 5 August 2000 at about 11:30 pm the respondent was sitting with a group of family and friends at a picnic table in Tickle Park, Coolum Beach. A group of three males, including the applicant, approached the picnic table and a conversation took place involving an accusation directed towards the respondent’s step-brother. There was a verbal altercation between the respondent and the applicant’s group, which ultimately resulted in a fight, which ended when the respondent stabbed the applicant with a flick knife, which the respondent carried in a pouch on his belt.
It was conceded by the applicant at trial that the first punch was thrown by one Colin Hartnell, a member of the applicant’s group, and not the respondent. Thus the respondent was not the initial aggressor. Furthermore, before the stabbing,…
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- AGLC
- Crosbie v Lawrence [2002] QSC 217
- Case
- [2002] QSC 217
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicant’s own conduct contributed to the extent of the injuries sustained, and if so, how this would impact the entitlement to compensation. The court had to consider the principles of contributory negligence and the relevant statutory provisions governing compensation claims. It was necessary to assess the degree to which the applicant's actions, if any, contributed to the harm, and to what extent the respondent's liability should be reduced accordingly. Additionally, the court had to balance the applicant's entitlement to compensation against the statutory limits on such claims.
The court found that the applicant's behaviour did contribute to the extent of the injuries suffered. While the respondent’s actions were the primary cause of the harm, the court determined that the applicant's conduct, which involved engaging in a physical altercation, played a role in the severity of the injuries. As a result, the court reduced the respondent's liability for compensation by a percentage that reflected the applicant’s contributory fault. The court awarded the applicant a reduced amount of compensation, taking into account both the statutory limits and the degree of contributory negligence. The final order of the court was for the respondent to pay the reduced compensation amount to the applicant, reflecting the court's determination of the respective liabilities of both parties.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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