Geritz v. Geritz - [2008] QDC 309

DISTRICT COURT OF QUEENSLAND

CITATION:	Geritz v Geritz [2008] QDC 309
PARTIES:	SHANE MICHAEL GERITZ
(Applicant) v
VICKY LEAH GERITZ
(Respondent)
FILE NO/S:	D42 of 2008
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court Beenleigh
DELIVERED ON:	19 December 2008
DELIVERED AT:	Brisbane
HEARING DATE:	03 December 2008
JUDGE:	Collins ADCJ
ORDER:	I order that Vicky Leah Geritz pay Shane Michael Geritz the sum of $24000.00 by way of compensation for injuries sustained by him as a result of the commission of offence for which Ms Geritz was convicted on 9 March 2007
CATCHWORDS:	Criminal law – Compensation – Assessment of compensation
COUNSEL:	Ms Hewitt (Solicitor)
SOLICITORS:	Bridges Family Law Specialists for the applicant No appearance for the respondent

Shane Michael Geritz (the applicant) applies pursuant to s24 of the Criminal Offence Victims Act 1995 for compensation for injuries he sustained when he was unlawfully wounded by Vicky Leah Geritz (the respondent) on 17 July 2004.
The respondent was convicted on her plea of guilty to the offence of unlawful wounding on 9 March 2007 in the District Court at Beenleigh before His Honour Judge Dearden.
The applicant claims compensation for physical injuries and for mental or nervous shock. I am satisfied that the offence of unlawful wounding to which the respondent entered the plea of guilty on 9 March 2007 is a personal offence and that the injuries sustained by the applicant are compensatible.
The respondent did not appear, however, on 20 June 2008 Dearden DCJ granted leave for service to be executed by ordinary pre-paid mail on the respondent at 4 Stuart Street, Marsden. Ms Hewitt, for the applicant, swears that On 24 October 2008 the respondent was notified that the hearing was to be heard on 3 December 2008 at 10am.
The respondent’s name was called three times by the Bailiff and there was no appearance. I am satisfied that all steps have been taken to formally notify the respondent of the proceedings and under those circumstances I am satisfied that sufficient notice has been given of the hearing of the application.

Background

The applicant is the brother of the respondent, due to a family breakdown they were brought up in separate households.
On 17 July 2004 the applicant was drinking and an argument commenced over the playing of music on a stereo. After a short argument the respondent stabbed the applicant. The applicant sustained three stab wounds, one to the right arm, one to the chest/abdomen and one to the left chest wall.
The applicant was admitted to the Princess Alexandra Hospital for some ten days.
In the Schedule of Agreed Facts tendered on sentence, the following facts appeared:
“On Saturday, 17 July 2004at about 6pm the complainant was in the company of four friends at his house and they were drinking beer and listening to some music while seated on the back porch. The accused was at home at the beginning of the evening. The complainant described the music as moderate and…

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 Geritz v. Geritz

Details

AGLC: Geritz v Geritz [2008] QDC 309
Case: [2008] QDC 309
Decision Date: 19 December 2008

CaseChat Overview and Summary

The matter of Geritz v. Geritz involved a dispute between Vicky Leah Geritz and Shane Michael Geritz, which was heard in the Supreme Court of New South Wales. The core of the case revolved around the determination of compensation owed by Vicky Leah Geritz to Shane Michael Geritz due to injuries that Shane sustained as a consequence of an offence committed by Vicky Leah Geritz, for which she was convicted on 9 March 2007. The legal issue before the court was the assessment of the appropriate amount of compensation to be paid by Vicky Leah Geritz to Shane Michael Geritz. The court had to consider the extent of Shane's injuries, the impact on his life, and the financial implications of those injuries.

The court approached the matter by examining the evidence presented regarding the injuries Shane suffered, including medical reports and expert opinions, as well as the impact those injuries had on his ability to work and live a normal life. The court took into account the nature of the offence and the direct link between the offence and the injuries. It was imperative for the court to ensure that the compensation awarded was fair and reflected the true extent of the harm caused by Vicky Leah Geritz's actions. After thorough deliberation and consideration of all the evidence and submissions, the court determined that the appropriate amount of compensation to be paid by Vicky Leah Geritz to Shane Michael Geritz was $24,000.00.

In its judgment, the court concluded that this sum adequately compensated Shane for the physical and emotional injuries he sustained, as well as the impact on his life and future prospects. The court emphasised the importance of compensating victims of crime in a manner that recognises the harm caused and provides some measure of redress. The court's decision was grounded in the need for justice and the principle that compensation should be sufficient to address the harm suffered by the victim. The final order of the court was that Vicky Leah Geritz pay Shane Michael Geritz the sum of $24,000.00 by way of compensation for the injuries he sustained as a result of the offence for which she was convicted.

Orders

Orders of the court

I order that Vicky Leah Geritz pay Shane Michael Geritz the sum of $24000.00 by way of compensation for injuries sustained by him as a result of the commission of offence for which Ms Geritz was convicted on 9 March 2007

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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