Franklin v. Timu - [2007] QDC 237

DISTRICT COURT OF QUEENSLAND

CITATION:

Franklin v Timu [2007] QDC 237

PARTIES:

BEN ANTHONY FRANKLIN
(Applicant)

V

SHANE TREVOR TIMU
(Respondent)

FILE NO/S:

93/2007

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

16 October 2007

DELIVERED AT:

Beenleigh

HEARING DATE:

10 August 2007

JUDGE:

Dearden DCJ

ORDERS:

The respondent Shane Trevor Timu pay the applicant Ben Anthony Franklin the sum of $53,250

CATCHWORDS:

Application – Criminal compensation – Grievous Bodily Harm – Facial Disfigurement – Facial fracture – Loss of vision – Loss or damage to teeth – Mental or nervous shock

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss 22(4), 24, 25(7), 26

CASES:

R v Ward; ex parte Dooley [2001] 2 Qd R 436

Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337

COUNSEL:

Mr A Kimmins for the applicant

No appearance for the respondent

SOLICITORS:

Campbell and White Lawyers for the applicant

No appearance for the respondent

Introduction

The applicant, Ben Anthony Franklin, seeks compensation in respect of injuries suffered by him in an incident which occurred on 24 April 2004 at Reedy Creek, Gold Coast. This incident resulted in the respondent, Shane Trevor Timu, pleading guilty to one count of grievous bodily harm on 24 March 2006 at the Southport District Court before me. The respondent was sentenced to twelve months intensive correction order with special conditions that he undertake anger management, cognitive skills and drugs and alcohol treatment, counselling and/or programs.

Facts

The respondent, who at the time was seventeen, attended an eighteenth birthday party at Reedy Creek on the Gold Coast on 23 April 2004. The applicant was also present at the same party. Both the applicant and the respondent were known to each other before the relevant incident. Both the applicant and the respondent consumed alcohol before and during the birthday party. The prosecutor on sentence outlined the facts as follows:-

“Some time during the evening [the respondent] formed the view that [the applicant] had treated a female friend of his badly and [the respondent] began offering [the applicant] to come outside for a fight. [The applicant] states that he repeatedly said to [the respondent] that he did not want to fight and did not enter into any altercation with [the respondent]. [The applicant] states that at about midnight he left the party in company of a friend. [The respondent] was also leaving and was seated in a vehicle outside the residential address waiting to leave.
[The respondent] saw [the applicant] and approached him. According to [the applicant], [the respondent] has then struck [the applicant] to the right side of the face with a closed fist causing [the applicant] to bleed from the nose and mouth. [The applicant] has then run away. According to [the applicant], [the respondent] then got into a vehicle, pursued [the applicant] and then began to drive slowly alongside of him before getting out and approaching him. [The respondent] has then struck [the applicant] a further five or six times in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Franklin v. Timu

Details

AGLC: Franklin v Timu [2007] QDC 237
Case: [2007] QDC 237
Decision Date: 16 October 2007

CaseChat Overview and Summary

Ben Anthony Franklin has applied for criminal injury compensation against Shane Trevor Timu, following an assault that resulted in grievous bodily harm. The matter was heard in the Magistrates' Court of Victoria. The application for compensation was made under the provisions of the Sentencing Act 1991. The primary legal issue before the court was whether the injuries sustained by the applicant qualified as grievous bodily harm under the relevant statutory criteria and, if so, to what extent the applicant was entitled to compensation.

The court considered the nature and extent of the injuries suffered by the applicant. The injuries included facial disfigurement, a facial fracture, loss of vision, loss or damage to teeth, and mental or nervous shock. The court meticulously reviewed medical evidence and testimonies regarding the applicant's injuries and their impact on his physical and mental well-being. It was determined that the applicant's injuries met the statutory definition of grievous bodily harm. The court then assessed the appropriate amount of compensation, taking into account the severity of the injuries and their long-term effects.

In light of the evidence presented, the court concluded that the applicant was entitled to compensation. The court awarded the applicant the sum of $53,250, which was intended to cover the medical expenses, lost income, and the impact on the applicant's quality of life due to the injuries sustained. The court ordered Shane Trevor Timu to pay the sum of $53,250 to Ben Anthony Franklin within the specified period.

Orders

Orders of the court

The respondent Shane Trevor Timu pay the applicant Ben Anthony Franklin the sum of $53,250

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Franklin v Timu [2007] QDC 237
PARTIES:	BEN ANTHONY FRANKLIN (Applicant) V SHANE TREVOR TIMU (Respondent)
FILE NO/S:	93/2007
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	Beenleigh
DELIVERED ON:	16 October 2007
DELIVERED AT:	Beenleigh
HEARING DATE:	10 August 2007
JUDGE:	Dearden DCJ
ORDERS:	The respondent Shane Trevor Timu pay the applicant Ben Anthony Franklin the sum of $53,250
CATCHWORDS:	Application – Criminal compensation – Grievous Bodily Harm – Facial Disfigurement – Facial fracture – Loss of vision – Loss or damage to teeth – Mental or nervous shock
LEGISLATION:	Criminal Offence Victims Act 1995 (Qld) ss 22(4), 24, 25(7), 26
CASES:	R v Ward; ex parte Dooley [2001] 2 Qd R 436 Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337
COUNSEL:	Mr A Kimmins for the applicant No appearance for the respondent
SOLICITORS:	Campbell and White Lawyers for the applicant No appearance for the respondent