FJN v BMA

[2010] QDC 385

DISTRICT COURT OF QUEENSLAND

CITATION:

FJN v BMA  [2010] QDC 385

PARTIES:

FJN

Applicant

V

BMA

Respondent

FILE NO/S:

4/2010

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

1 October, 2010

DELIVERED AT:

District Court, Beenleigh

HEARING DATE:

31 August 2010

JUDGE:

Dearden DCJ

ORDER:

The respondent, BMA, pay the applicant, FJN, the sum of $22,500

CATCHWORDS:

Application – criminal compensation - sexual assault – mental or nervous shock – adverse impacts.

LEGISLATION:

Penalties and Sentences Act (Qld) s. 43B, s. 43C.
Criminal Offence Victims Act (Qld) (1995).
Criminal Offence Victims Regulation (Qld) 1995 s.1A, s. 25(7).
Victims of Crime Assistance Act (Qld) (2009) s.154, s. 155.

CASES:

Kennedy v Faafeu [2010] QDC 21
JMR obo SRR v Hornsby [2009] QDC 147
SAY v AZ;Ex-parte Attorney General [2006] QCA 462
JI v AV [2002] 2 Qd R 367

COUNSEL:

Ms Y Cherikova of Counsel for the applicant

No appearance on behalf of the respondent

SOLICITORS:

Campbell & White Lawyers for the applicant

No appearance for the respondent

ntroductionI

1. The respondent, BMA, pleaded guilty before me in the Beenleigh District Court on 5 May 2009 to two counts of sexual assault in respect of the applicant, FJN.  The respondent was sentenced to 18 months imprisonment, wholly suspended, with a 3 year operational period in respect of each of the counts.  In addition, a no contact order was made pursuant to Penalties and Sentences Act ss.43B and 43C for a period of 2 years.

Facts

1. The offences occurred on 21 September 2005 at Gympie.  The applicant was then 16 years old and the respondent was 47.  The respondent had been the best friend of the applicant’s father who died in 2002.  The respondent had known the applicant her whole life. 

1. The applicant came to stay with the respondent and his family for a week in Gympie.  On the afternoon of 21 September 2005 the respondent came home early. The applicant had been watching TV, and when she went to her room, she was followed by the respondent.  The respondent put his hands on the applicant’s hips, then placed his hands on her breasts, which he squeezed and rubbed for a minute. 

1. The applicant grabbed the respondent’s hands and moved them away, and he then put a hand down the applicant’s underpants and touched her on the outside of her vagina.  The respondent then made an excuse about it being “a fantasy,” and asked the applicant not to tell anyone.  The applicant spent the rest of the day closely shadowing the respondent’s partner before the applicant contacted her family and arranged for someone to pick her up.[1]

   [1] Exhibit B (sentencing remarks) p1-2

Injuries

1. The applicant suffered mental or nervous shock and adverse impacts as a result of these offences.

The law

1. I refer to and adopt my exposition of the relevant law (Criminal Offence Victims Act (1995) (COVA) repealed by the Victims of Crime Assistance Act (2009) (VOCAA)), as set out in paragraph…