CW v CB

[2012] QDC 113

DISTRICT COURT OF QUEENSLAND

CITATION:

CW v CB [2012] QDC 113

PARTIES:

CW
(Applicant)

v

CB
(Respondent)

FILE NO/S:

18/2010

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

25 May, 2012

DELIVERED AT:

Beenleigh

HEARING DATE:

15 May 2012

JUDGE:

Dearden DCJ

ORDER:

That the respondent CB pay the applicant CW sum of $25,500.

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – Queensland – General – rape – mental or nervous shock – adverse impacts

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld)

Victims of Crime Assistance Act2009 (Qld)

CASES:

R v CAJ [2009] QCA 37

JMR obo SRR v Hornsby [2009] QDC 147

SAY v AZ; ex parte Attorney-General of Qld [2006] QCA 462

RMC v NAC [2010] 1 QD R 395

COUNSEL:

R J Byrnes for the applicant

No appearance for the respondent

SOLICITORS:

Shine Lawyers for the applicant

No appearance for the respondent

Introduction

1. The respondent, CB, pleaded guilty at the District Court, Beenleigh on 14 December 2007 to two counts of rape of the applicant CW.  The respondent was sentenced to 10 years imprisonment with a serious violent offender declaration.  The sentence was appealed, but the appeal was refused.[1]

   [1]R v CAJ [2009] QCA 37.

Facts

1. The facts in respect of this offending were summarised by Fraser JA in his reasons for judgment refusing an application for an extension of time to appeal:

“On 24 February 2007 the [respondent], who was then 19 years old, approached the 15 year old [applicant] at about 8.20pm.  The [respondent] … a complete stranger to [the applicant], was holding a beer bottle and he asked the [applicant] for water which, the sentencing judge, inferred was a trick to enable the [respondent] to get inside the [applicant’s] house.  The [applicant] felt obliged and walked to her house with the [respondent] and gave him a glass of water.  When the [applicant] denied the [respondent’s] request to have sex with her, the [respondent] followed her into her bedroom, closed the door and turned off the light, slapped the [applicant], striking her on the left-hand side of her face, and told her to be quiet.  The [respondent] forced the [applicant] to take her clothes off, forced her on to a bed and threatened to kill the [applicant] and her family if she told anyone.  The [respondent] removed the [applicant’s] clothes and attempted to penetrate her vagina.  After the [applicant] begged the [respondent] to use a condom, he put one on and penetrated the [applicant] vaginally, while she cried.  The [respondent] later had anal intercourse with the [applicant] to ejaculation and continued to threaten her whilst he did so.  The [respondent] also obtained the [applicant’s] phone number … as a result of his threats.”[2]

[2]R v CAJ [2009] QCA 37.

Injuries

1. The applicant suffered “physical injuries, which included internal and external bruising and tears in both the vaginal and anal areas.”[3]  The applicant also suffered mental or nervous shock and adverse impacts as a result…