Garner v Rauhina

Case [2010] QDC 400

DISTRICT COURT OF QUEENSLAND

CITATION:

Garner v Rauhina & Ors [2010] QDC 400

PARTIES:

DEBRA GAYE GARNER
(Applicant)

V

PETER DOUGLAS RAUHINA
(First Respondent)

JOHN WILLIAM SKILTON
(Second Respondent)

STEPHEN JAMES HOPKINS
(Third Respondent)

BRETT DAVID PICARD
(Fourth Respondent)

FILE NO/S:

BD3377/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

29 October 2010

DELIVERED AT:

Brisbane

HEARING DATE:

28 June, 16 and 30 July 2010

JUDGE:

Irwin DCJ

ORDER:

The respondents pay compensation jointly and severally to the applicant, Debra Gaye Garner, in the sum of $12,000 pursuant to section 24 of the Criminal Offence Victims Act 1995 (Qld)

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – application for criminal compensation – where respondents convicted of one count of assault occasioning bodily harm whilst armed and in company in relation to the applicant – where the applicant suffered bruising and swelling to at least one of her arms and a post-traumatic stress disorder – assessment of compensation

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – application for criminal compensation – where respondents convicted of one count of assault occasioning bodily harm whilst armed and in company in relation to the applicant – where arising out of the same incident the respondents were also convicted of an offence of the same description in relation to another person – where the applicant suffered a post-traumatic stress disorder – where the post-traumatic stress disorder was also attributable to the acts of violence which she saw inflicted on the other person – whether the applicant was a “mere bystander” who was a witness to, or present when, the offence was committed against the other person, or was a person against whom a personal offence had been committed – whether the applicant suffered an injury in the form of mental or nervous shock because of that personal offence

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – application for criminal compensation – where respondents convicted of one count of assault occasioning bodily harm whilst armed and in company in relation to the applicant – where arising out of the same incident the respondents were also convicted of an offence of the same description in relation to another person – where the applicant suffered a post-traumatic stress disorder – where the post-traumatic stress disorder was also attributable to the acts of violence which she saw inflicted on the other person – whether this resulted in any reduction of the award of compensation

Criminal Code 1899 (Qld), s 663B

Criminal Office Victims Act 1995 (Qld) (repealed), ss 5, 19, 20, 21, 22,…

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Garner v Rauhina [2010] QDC 400
Case
[2010] QDC 400
Decision Date

CaseChat Overview and Summary

The case of Garner v Rauhina involved Debra Gaye Garner, the applicant, who sought criminal compensation from the respondents, who were convicted of assault occasioning bodily harm whilst armed and in company. The incident resulted in Garner suffering bruising, swelling, and a post-traumatic stress disorder (PTSD). The respondents were also convicted for similar offences against another individual, and Garner's PTSD was attributed to witnessing the violence against that person. The central legal issues revolved around whether Garner qualified for compensation as a victim of a personal offence or if she was merely a bystander, and if the fact that she witnessed the assault on another person impacted the compensation she could receive.

The court had to determine the appropriate classification of Garner's status in the incident, distinguishing between a direct victim of an offence and a bystander who witnessed the crime. Furthermore, the court had to assess whether the PTSD, which arose from witnessing the assault on another person, could be considered an injury for the purposes of the compensation claim. The court found that Garner was not merely a bystander but was directly affected by the assault, as her PTSD was a result of witnessing the violent act directed at another person, which indirectly affected her. The court also held that the fact that Garner witnessed the assault on another person did not reduce the compensation she was entitled to receive for her injuries and PTSD.

In summary, the court ordered the respondents to pay Garner compensation in the sum of $12,000, acknowledging her status as a victim of the offence and the impact of the PTSD on her mental health. The decision underscored the importance of recognising the psychological harm experienced by individuals who witness violent crimes, even if they were not the direct victims of the assault.

Orders

Orders of the court

The respondents pay compensation jointly and severally to the applicant, Debra Gaye Garner, in the sum of $12,000 pursuant to section 24 of the Criminal Offence Victims Act 1995 (Qld)

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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