CW obo CRW v CBW

[2011] QDC 298

DISTRICT COURT OF QUEENSLAND

CITATION:

CW obo CRW v CBW [2011] QDC 298

PARTIES:

CW as litigation guardian for
CRW
(Applicant)

v

CBW
(Respondent)

FILE NO:

149/2009

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

23 November 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

28 October 2011

JUDGE:

Dearden DCJ

ORDER:

1.        The respondent CBW pay the applicant CW on behalf of CRW the sum of $75,000;

2.        The monies are to be paid to the Public Trustee of Queensland who is authorised to receive and hold such monies on behalf of CRW until she attains the age of 18 years;

3.        The Public Trustee of Queensland is authorised to advance such monies or part of such monies from time to time for the maintenance, education or treatment (including counselling) of CRW as the Public Trustee in his or her discretion considers appropriate; and

4.        The Public Trustee of Queensland is authorised to pay out of such monies received the reasonable costs of the present application to Legal Aid Queensland.

CATCHWORDS:

Application – criminal compensation – grievous bodily harm – assault occasioning bodily harm – bruising/laceration – fractured skull (brain damage) – fracture/loss of use of leg/ankle – neck/back/chest injury – mental or nervous shock

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss. 25(7) & 40(1)

Victims of Crime Assistance Act 2009 (Qld) s.167(2)

CASES:

Paterson v Chand & Chand [2008] QDC 214.

COUNSEL:

Ms F Muirhead (solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

No appearance for the respondent

Introduction

1. The respondent, CBW, pleaded guilty in the District Court, Beenleigh on 16 July 2007 to one count of grievous bodily harm, and one count of assault occasioning bodily harm of the complainant CRW.  The respondent was sentenced to five years imprisonment, suspended after fifteen months, in respect of the grievous bodily harm count, and two years imprisonment, suspended after fifteen months (concurrent) on the assault occasioning bodily harm count.  Each of the sentences was subject to an operational period of five years.[1]

   [1] Exhibit A, Affidavit of Melissa Lo, affirmed 30 August 2011.

Facts

1. The respondent is the father of the complainant, CRW.  The injuries which were the subject of the grievous bodily harm count occurred when CRW was approximately five weeks old, and the injuries the subject of the assault occasioning bodily harm count occurred when she was seven months old.

1. In my sentencing remarks, I outlined the offences, and consequent injuries, as follows:-

“The injuries in respect of the first offence, which is the grievous bodily harm offence, came to light when CRW was taken to hospital on 13 January 2006 suffering from vomiting and lethargy.  There were some tests conducted on a number of different days, namely the 13 and 15 January 2006.

The tests and scans indicated a callous formation on the first, second and third ribs where joining the spine.  The radiographic examinations on 17 January 2006 indicated bi-lateral fractures of the…