Flanigan v Ramm

[2010] QDC 166

DISTRICT COURT OF QUEENSLAND

CITATION:

Flanigan v Ramm [2010] QDC 166

PARTIES:

CATHERINE ANN FLANIGAN
(Applicant)
v
LUKE KADE RAMM
 (Respondent)

FILE NO/S:

213 of 2009

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court at Cairns

DELIVERED ON:

23 April 2010

DELIVERED AT:

Cairns

HEARING DATE:

12 March 2010

JUDGE:

Everson DCJ

ORDER:

I order that the respondent pay the applicant the sum of $29,250.00 by way of compensation.

CATCHWORDS:

Criminal compensation – physical injuries – psychological injuries – sexual offence

Criminal Offence Victims Act 1995
Criminal Offence Victims Regulation 1995

R v Jones ex parte Zaicov [2002] 2 Qd R 303 at 310
R v Atwell ex parte Julie [2002] 2 Qd R 367 at 373

Vlug v Carrasco[2006] QCA 561 at [11]

COUNSEL:

SOLICITORS:

Wettenhall Silva for the applicant

1. This is an application for a compensation order pursuant to section 24 of the Criminal Offence Victims Act 1995 (“COVA”).

1. The injuries giving rise to the application were suffered as a result of a personal offence for which the respondent was convicted on indictment on 3 October 2007, namely assault with intent to commit rape.

Facts

1. On 5 August 2006, at approximately 4.30 am the applicant was awoken from her sleep.  After stating his intention to have sexual intercourse with her, the respondent, a stranger to the applicant, smashed his way into her unit by kicking in the French doors.  She fought him off until neighbours arrived and he left.  (“the incident”)

Injuries

·     A major injury to her left knee;

·     Psychological sequelae..

The relevant law

1. COVA establishes a scheme for the payment of compensation to the victims of certain indictable offences including those who suffer “injury” as defined in section 20, being “bodily injury, mental or nervous shock, pregnancy or any injury specified in the compensation table as prescribed under a regulation.”

1. Pursuant to section 25 of COVA, a compensation order may only be made up to the scheme maximum of $75,000 specified in section 2 of the Criminal Offence Victims Regulation 1995 (“COVR”) using the percentages listed for an injury specified in the Compensation Table in SCHEDULE 1 of COVA. In R v Jones ex parte Zaicov[1] Homes J described the process in the following terms:

“Thus, my examination of the section convinces me that a two or three stage process is entailed. Where there is more than one injury, the first step is to arrive at the amounts in respect of each injury, the second is to add those amounts together, and the third, to arrive at the compensation order.”         

[1][2002] 2 QdR 303 at 310

1. Relevantly the Compensation Table prescribes:

·     Item 20 Fracture/loss of use of the leg/ankle (severe) …             8% - 25%

·     Item 27 Facial disfigurement or bodily scarring (minor/moderate)… 2% - 10%

·     Item 33 Mental or nervous shock (severe) …  20% - 34%

1. Section 25 of COVA also states that the court, in determining the amount that should be paid for an injury,…