G v K

[2010] QDC 197

DISTRICT COURT OF QUEENSLAND

CITATION:

G v K [2010] QDC 197

PARTIES:

G
(Applicant)
v
K
(Respondent)

FILE NO/S:

78 of 2009

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court at Cairns

DELIVERED ON:

17 May 2010

DELIVERED AT:

Cairns

HEARING DATE:

7 May 2010

JUDGE:

Everson DCJ

ORDER:

I order that the respondent pay the victim the sum of $15,000.00 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:

ILS QLD Limited 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 12 July 2004 namely indecent treatment of a child under the age of 12.

Facts

1. The respondent is the uncle of the victim.  When he was aged 21 and she was aged 11 they resided in the same house.  One night in late 2003 he briefly touched her on the vagina on the outside of her clothing (“the incident”).

Injuries

1. As a consequence of the incident the victim suffered 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 32 Mental or nervous shock (moderate)       …       10% - 20%

1. Section 25 of COVA also states that the court, in determining the amount that should be paid for an injury, “should have regard to everything relevant, including, for example, any behaviour of the applicant that directly or indirectly contributed to the injury.” Furthermore the process of assessing compensation pursuant to COVA does not involve applying principles used…