Georgetown v Sandow

[2007] QDC 125

DISTRICT COURT OF QUEENSLAND

CITATION:

Georgetown v Sandow [2007] QDC 125

PARTIES:

ELAINE JOYCE GEORGETOWN

(Applicant)

V

STAFFORD MICHAEL SANDOW

(Respondent)

FILE NO/S:

D13/2006

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Kingaroy

DELIVERED ON:

19 April, 2007

DELIVERED AT:

Beenleigh

HEARING DATE:

26 March 2007

JUDGE:

Dearden DCJ

ORDER:

The respondent Stafford Michael Sandow pay the applicant Elaine Joyce Georgetown the sum of $6,000

CATCHWORDS:

APPLICATION – Criminal Compensation – assault occasioning bodily harm – bruising – loss or damage to teeth – head injury – back injury

Criminal Offence Victims Act 1995 ss 22(4), 24, 26, 30(2) and Schedule 1

Cases cited:
R v Ward; ex parte Dooley [2001] 2 Qd R 436
Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337
Lewis v Williams [2005] QCA 314

COUNSEL:

Mr K Murdoch (solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Woods Murdoch Solicitors for the applicant

Introduction

1. The applicant Elaine Joyce Georgetown seeks compensation in respect of injuries suffered by her arising out of an incident which occurred on 23 February 2003 at Cherbourg, resulting in the respondent Stafford Michael Sandow pleading guilty before Judge Dodds in the Kingaroy District Court on 4 July 2003 to one count of assault occasioning bodily harm (and a related count of wilful damage of a motor vehicle window).  The respondent was sentenced to 12 months probation with a conviction recorded.

Facts

1. The circumstances of the offending behaviour as set out in the sentencing submissions are sketchy.  The applicant, then 37 years of age, was a support worker for the Jundah Women’s Group at Cherbourg.  The respondent is the applicant’s cousin.  Rhonda Sandow was the coordinator of the Cherbourg and Murgon Youth and Community Association, and was assigned a Toyota Tarago vehicle to transport children in the community.  Rhonda Sandow had taken the vehicle home to her residence.  At about 9.15 pm on Sunday 23 February 2002, Rhonda Sandow and the respondent, as well as a number of other family members, were present at Rhonda Sandow’s residence.  The respondent arrived at the address, and appeared heavily intoxicated, being very drunk and also affected by “yandi” (marijuana).

1. The respondent struck a male person who was present, then picked up a metal ashtray and threw it at the Tarago motor vehicle, breaking the back window on the driver’s side.  The respondent then charged at Elaine Georgetown, forcing her to the ground and while she was on the ground the respondent was above her delivering blows.  A number of people dragged the respondent off the applicant, and the applicant’s injuries were described (by the prosecutor in submissions) as “some swelling and bruising to her face”[1].

[1]Sentencing submissions p.3

Injuries

1. The injuries suffered by the applicant in this altercation are difficult to ascertain with accuracy.  As noted above, the prosecutor’s submissions on sentence referred to the applicant having “sustained some swelling and bruising to her face”[2].  The sentencing judge made no reference in his sentencing remarks to the…