Darben v Appleton - [2010] QDC 231

DISTRICT COURT OF QUEENSLAND

CITATION:

Darben v Appleton [2010] QDC 231

PARTIES:

BRENT JOHN DARBEN

(Applicant)

v

BOE MICHAEL APPLETON

(Respondent)

FILE NO/S:

3790/09

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

7 June 2010

DELIVERED AT:

Brisbane

HEARING DATE:

7 June 2010

JUDGE:

Rafter SC DCJ

ORDER:

The respondent pay to the applicant the sum of $30,000.00 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of grievous bodily harm which led to the conviction of the respondent in the District Court at Brisbane on 4 December 2008.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – where the respondent convicted of grievous bodily harm – where the applicant suffered physical and psychological injuries – assessment of compensation

Criminal Offence Victims Act 1995(Qld), s 22, s 24, s 25

Criminal Offence Victims Regulation 1995(Qld), s 2

Public Trustee Act 1978(Qld)

Victims of Crime Assistance Act 2009(Qld), s 149, s 155

R v Ward, ex-parte Dooley[2001] 2 Qd R 436; [2000] QCA 493

Wren v Gaulai [2008] 2 Qd R 383; [2008] QCA 148

COUNSEL:

Y Chekirova for the applicant

No appearance by or for the respondent

SOLICITORS:

Campbell & White Lawyers for the applicant

No appearance by or for the respondent

Introduction

The applicant seeks compensation pursuant to s 24 Criminal Offence Victims Act 1995 for physical and emotional injuries caused by an attack by the respondent on 24 January 2008. The Criminal Offence Victims Act 1995 was repealed by s 149 Victims of Crime Assistance Act 2009 which commenced on 1 December 2009. The transitional provision in s 155 Victims of Crime Assistance Act 2009 requires the application to be determined in accordance with the Criminal Offence Victims Act 1995.

On 4 December 2008 in the District Court at Brisbane the respondent pleaded guilty, inter alia, to one count of grievous bodily harm. He was sentenced to 3 years imprisonment with a parole release date fixed after 15 months, namely on 10 July 2009. The period of 237 days of pre-sentence custody served by the respondent commencing on 11 April 2008 was declared to be imprisonment already served under the sentence.[1]
[1] Exhibit D to the affidavit of Abigail Victoria Webb filed 24 December 2009.

The application and supporting affidavit material were served on the respondent at the Brisbane Correctional Centre on 21 May 2010.[2] The applicant’s solicitors also took the step of serving the application and supporting affidavit material on the Public Trustee on 25 May 2010.[3] The applicant’s solicitors have not received any indication that the Public Trustee wished to participate in the proceeding.
[2] Affidavit of Wayne Colin Heydt filed 3 June 2010.
[3] Affidavit of Jacqui Margaret Lewis filed 3 June 2010.

Circumstances of the offence

The applicant had been celebrating his 30^th birthday at home with friends. He then went to a local store at Zillmere to purchase cigarettes.[4] The respondent entered the shop in the company…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Darben v Appleton

Details

AGLC: Darben v Appleton [2010] QDC 231
Case: [2010] QDC 231
Decision Date: 7 June 2010

CaseChat Overview and Summary

The applicant in this case, Darben, applied for criminal compensation pursuant to section 24 of the Criminal Offence Victims Act 1995, seeking compensation for physical and psychological injuries sustained as a result of the grievous bodily harm inflicted by the respondent, Appleton. The respondent was convicted of this offence in the District Court at Brisbane on 4 December 2008. The court was tasked with determining the appropriate amount of compensation to be awarded to the applicant.

The primary legal issue before the court was the assessment of the appropriate compensation for the applicant's injuries. This required consideration of both the physical and psychological impacts of the grievous bodily harm inflicted. The court had to evaluate the extent of the applicant's injuries, both immediate and ongoing, and assess the impact on their quality of life and ability to work. The court also had to consider the statutory provisions under which the compensation was sought, specifically section 24 of the Criminal Offence Victims Act 1995.

The court found that the applicant had suffered significant physical and psychological injuries as a direct result of the grievous bodily harm inflicted by the respondent. The court acknowledged the lasting impact of these injuries on the applicant's health and well-being, including ongoing medical treatment and the psychological toll of the incident. After considering the evidence presented and the statutory framework, the court determined that the respondent should pay the applicant the sum of $30,000.00 by way of compensation. This amount was deemed appropriate to reflect the severity of the injuries and their impact on the applicant's life.

Orders

Orders of the court

The respondent pay to the applicant the sum of $30,000.00 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of grievous bodily harm which led to the conviction of the respondent in the District Court at Brisbane on 4 December 2008.

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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CITATION:	Darben v Appleton [2010] QDC 231
PARTIES:	BRENT JOHN DARBEN (Applicant) v BOE MICHAEL APPLETON (Respondent)
FILE NO/S:	3790/09
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court Brisbane
DELIVERED ON:	7 June 2010
DELIVERED AT:	Brisbane
HEARING DATE:	7 June 2010
JUDGE:	Rafter SC DCJ
ORDER:	The respondent pay to the applicant the sum of $30,000.00 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of grievous bodily harm which led to the conviction of the respondent in the District Court at Brisbane on 4 December 2008.
CATCHWORDS:	APPLICATION – CRIMINAL COMPENSATION – where the respondent convicted of grievous bodily harm – where the applicant suffered physical and psychological injuries – assessment of compensation Criminal Offence Victims Act 1995(Qld), s 22, s 24, s 25 Criminal Offence Victims Regulation 1995(Qld), s 2 Public Trustee Act 1978(Qld) Victims of Crime Assistance Act 2009(Qld), s 149, s 155 R v Ward, ex-parte Dooley[2001] 2 Qd R 436; [2000] QCA 493 Wren v Gaulai [2008] 2 Qd R 383; [2008] QCA 148
COUNSEL:	Y Chekirova for the applicant No appearance by or for the respondent
SOLICITORS:	Campbell & White Lawyers for the applicant No appearance by or for the respondent