Ferguson v Kazakoff; ex parte Ferguson

SUPREME COURT OF QUEENSLAND

CITATION:

Ferguson v Kazakoff [2000] QSC 156

PARTIES:

CASSIDY FERGUSON
(applicant)
v
LUKE MICHAEL KAZAKOFF
(respondent)

FILE NO/S:

SC No 8834 of 1999

DIVISION:

Chambers

PROCEEDING:

Application for Criminal Compensation

DELIVERED ON:

6 June 2000

DELIVERED AT:

Brisbane

HEARING DATE:

29 May 2000

JUDGE:

Thomas JA. 

ORDER:

The respondent pay to the applicant the sum of $10,500 by way of compensation for injuries sustained by the applicant because of the commission of the offence which led to the conviction of the respondent on 27 March 1998 for unlawful wounding.

CATCHWORDS:

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO THE DISPOSAL OF PROPERTY – COMPENSATION - QUEENSLAND – “mental or nervous shock” – meaning in s 20 of Criminal Offence Victims Act 1995 – whether diagnosable mental disorder necessary – whether capable of being satisfied by natural human emotions – need for injury to health, illness, or some abnormal condition of mind or body over and above normal human reaction or emotion – whether separate assessment appropriate for mental shock and physical injury – whether separate assessments justified for “stab wounds” and “scarring” in Schedule 1

Criminal Offence Victims Act 1995 (Qld) s 20, s 22(3), s 24, s 25, s 26(1)

Chong v Chong CA No 11658 of 1998, 13 August 1999, considered
Dulieu v White & Sons [1901] 2 KB 669, considered
Hambrook v Stokes Brothers [1925] 1 KB 141, considered
McLoughlin v O’Brian [1983] 1 AC 410, considered
R v Bromley ex parte Keran DC No 1966 of 1999, 5 July 1999, considered
R v Chan- Fook (1994) 1 WLR 689
R v Daw ex parte Nitz DC No 2578 of 1998, 13 July 1998, considered
R v Fatteretto ex parte Gosse and Gosse DC No 3901 & 3902 of 1999, 4 November 1999, considered
R v Horne ex parte Hill SC No 8829 of 1999, 29 October 1999, considered
R v Morrsion ex parte West [1998] 2 Qd R 79, considered
R v Robinson ex parte Leonard DC No 4353 of 1998, 16 October 1998, considered
R v Taylor ex parte Centiaego DC No 3882 of 1998, 26 October 1998, considered
R v Van der Starre ex parte Everingham DC No 9 of 1997, 5 June 1997, considered
Whyte v Robinson [2000] QCA 99, 28 March 2000, considered

COUNSEL:

L Shephard for the applicant
No appearance for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
No appearance for the respondent

1. THOMAS JA:  This is an application for compensation under the Criminal Offence Victims Act 1995.

1. The respondent, although served, has not appeared.  The offence of which he was convicted (unlawful wounding) was committed on 23 March 1996.  He was sentenced to three years probation when he appeared before me on a plea of guilty on 27 March 1998.  The present application was made on 30 September 1999.  The matter therefore falls to be assessed under the Criminal Offence…