Everitt v Owens

[2004] QDC 517

DISTRICT COURT OF QUEENSLAND

CITATION:

Everitt v Owens [2004] QDC 517

PARTIES:

FRED IAN DOUGLAS EVERITT (Applicant)
v
CRAIG OWENS (Respondent)

FILE NO/S:

4421 of 2004

DIVISION:

Civil Jurisdiction

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court

DELIVERED ON:

15 December 2004

DELIVERED AT:

Brisbane

HEARING DATE:

9 December 2004

JUDGE:

Tutt DCJ

ORDER:

That the respondent, Craig Owens, pay to the applicant, Fred Ian Douglas Everitt, the sum of $13,500.00 for bodily injuries caused by him to the applicant for which the respondent was convicted by this Court on 14 September 2004 at Mount Isa.

CATCHWORDS:

Criminal compensation – assault occasioning bodily harm – laceration to mouth – mental or nervous shock – causation.

Criminal Offence Victims Act 1995 ss. 24 and 25(7)

Ferguson v Kazakoff [2000] QSC 156.

LMW v Nicholls [2004] QDC 118.

R v Tiltman; ex parte Dawe (SC 324/95, 22 June 1995, unreported).

Steinback v Steinback [2001] QCA 12.

COUNSEL:

Mr A Kimmins for the applicant.

SOLICITORS:

Tony Bailey Solicitor for the applicant.

No appearance for the respondent.

Introduction

1. The applicant, Fred Ian Douglas Everitt, claims compensation under Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) for bodily injuries he sustained on 17 July 2003 arising out of the criminal conduct of the respondent, Craig Owens, who was convicted by this court on 14 September 2004 at Mount Isa for assault occasioning bodily harm to him. The respondent is currently serving a term of imprisonment in relation to this matter and service of the material has been effected.

1. The application for compensation is made pursuant to s 24 of the Act and is supported by the following material:-

(a)        two affidavits of the applicant sworn 23 May 2004 and 23 November 2004 respectively and both filed 3 December 2004;

(b)        the affidavit with exhibit of Peter John Stoker, psychologist, sworn 18 November 2004 and filed 3 December 2004;

(c)        two affidavits with exhibits of Anthony Harold Hyde Bailey, solicitor, sworn 22 October 2004 and 10 November 2004 respectively and both filed 3 December 2004; and

(d)        the affidavit of service of Anthony Vernon Longson sworn 2 December 2004 and filed by leave on 9 December 2004.

Facts

1. On 17 July 2003, the applicant was drinking at the Albion Hotel Normanton from 5pm before moving to the Purple Pub where he met with others and continued drinking. 

1. At the time of the incident the subject of this claim (“the index assault”) the applicant was drinking from a glass when the respondent approached the applicant and pushed the glass with his hand into the applicant’s mouth.  The applicant felt the glass smash into his face lacerating his mouth and causing it to bleed.  The applicant was spitting glass fragments out of his mouth and could feel blood coming from his mouth.

1. It appears that immediately after the assault the respondent was restrained by his father and removed from the pub.  While the respondent contended that he did not intend the…