DAS v NAB

[2010] QSC 234

SUPREME COURT OF QUEENSLAND

CITATION:

DAS v NAB [2010] QSC 234

PARTIES:

DAS
(applicant)

v

NAB
(respondent)

FILE NO/S:

BS 13063 of 2009

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

21 June 2010

DELIVERED AT:

Brisbane

HEARING DATE:

21 June 2010

JUDGE:

Fryberg J

ORDERS:

The respondent pay compensation of $14,500.00 to the applicant because of the injuries inflicted upon the applicant by him on 04/01/2005.

CATCHWORDS:

Criminal law – Procedure – Criminal injuries compensation – Queensland – Evidence and procedure – Evidence – Evidence of injury – Weight to be given to secondary evidence depends on verification by the applicant

Criminal Offence Victims Act 1995 (Qld)

COUNSEL:

Y Chekirova for the applicant
The respondent appeared on his own behalf

SOLICITORS:

Campbell & White Lawyers for the applicant
The respondent appeared on his own behalf

HIS HONOUR:   The application before the Court is for
compensation pursuant to the Criminal Offence Victims Act.
The application was filed in November 2009 before the repeal
of that Act.

The respondent was convicted in the Supreme Court on the 21st
of November 2006 of a number of counts which included or which
comprised, in relation to the applicant, wounding with intent
to disfigure and, in relation to the applicant's wife, a
number of offences of violence and property damage.

The circumstances were that the respondent coached one of the
children of the applicant at football and in the course of so
doing, formed a relationship with the applicant's wife.  She
separated from the applicant and continued the relationship
for some four months with the respondent.  Thereafter, she
reconciled with the applicant and returned to their home.  She
seems to have maintained some friendship with the respondent
to the knowledge of the applicant.

Over a period of time, the offences involving applicant's wife
occurred and events culminated on the 4th of January 2005.
She went to the respondent's house on that day, in the
afternoon.  After phone calls from her husband, an altercation
occurred between her and the respondent and she tried to
leave.  She was then subjected to various forms of violence
but went home and subsequently, her husband took her to the
hospital.  After their return, in the small hours of the
morning, the respondent went to their home, broke in, breaking
a glass window, and continued his argument with the
applicant's wife.  He demanded that she go with him and she
tried to stall knowing the police had been called.  He armed
himself with a piece of glass and threatened to kill the
applicant.  He went into the room where the applicant was with
the two young children, waving the piece of glass in a
slashing motion from side to side.  He punched the applicant a
number of times and cut him on the arm, the chest, the neck
and the nose with the glass.

The applicant sustained a 1 centimetre cut to the nose, a 2
centimetre cut to the left chest, a 3 centimetre…