Farragher v Daly

[2005] QSC 277

SUPREME COURT OF QUEENSLAND

CITATION:

Farragher v Daly [2005] QSC 277

PARTIES:

SARAH ANN FARRAGHER
(applicant)
v
ASHLEY JOHN DALY
(respondent)

FILE NO/S:

SC No 388 of 2002

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

30 September 2005

DELIVERED AT:

Townsville

HEARING DATE:

30 September 2005

JUDGE:

Cullinane J

ORDER:

Order the respondent to pay the applicant by way of compensation pursuant to the Criminal Offence Victims Act 1995 (Qld) as amended the sum of $42,750

CATCHWORDS:

CRIMINAL LAW AND PROCEDURE – JURISDICTION,
PRACTICE AND PROCEDURE – JUDGMENT AND
PUNISHMENT – ORDERS FOR RESTITUTION AND

COMPENSATION – QUEENSLAND – where the respondent pleaded guilty to offences of burglary and grievous bodily harm – where applicant suffered serious injuries to her head and face – where applicant seeks criminal compensation for injuries sustained  

CRIMINAL LAW AND PROCEDURE – JURISDICTION,
PRACTICE AND PROCEDURE – JUDGMENT AND
PUNISHMENT – ORDERS FOR RESTITUTION AND

COMPENSATION – QUEENSLAND – where applicant advanced a claim for moderate mental or nervous shock – whether descriptions in affidavit and to doctor amount to more than the natural human response to a horrifying experience so as to be compensable

Criminal Offences Victims Act 1995 (Qld), s 26, sch 1

Riddle v Coffey [2002] QCA 337, followed
R v Kazakoff; ex parte Ferguson [2001] 2 Qd R 320, followed

COUNSEL:

C Thomson (sol) for the applicant
No appearance for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
No appearance for the respondent

1. The applicant seeks criminal compensation pursuant to the Criminal Offence Victims Act 1995 (Qld) (‘the Act’) as amended for injuries sustained by her as a result of an assault upon her by the respondent at Magnetic Island on or about 18 November 1997.

1. The respondent did not appear on the application.

1. The respondent pleaded guilty on 18 February 1999 in the Supreme Court at Townsville to offences of burglary and grievous bodily harm.  He was sentenced to a period of eight years imprisonment on the count of grievous bodily harm and a lesser term for the count of burglary.  A declaration that he was a serious violent offender was made in respect of the count of grievous bodily harm.  The terms of imprisonment were to be served concurrently.

1. The applicant had been travelling around Australia and was at the time working at a backpackers' resort on Magnetic Island.  She was provided with accommodation in the form of what is described as a camp-o-tel which she was sharing with a female friend.  A camp-o-tel is a tent-like structure which is in the nature of a fixture.

1. On the evening of 17 November 1997 she had been drinking at the bar area with her friend but left the bar at about 11 pm to go to bed leaving her friend at the bar.

1. The respondent was visiting Magnetic Island and had spent some time on the evening of the 17 November 1997 with friends at another part of Magnetic Island where he consumed…