GKA v. Bell - [2007] QDC 91

DISTRICT COURT OF QUEENSLAND

CITATION:

GKA v Bell [2007] QDC 091

PARTIES:

GKA

Applicant

AND

ROBERT JOHN BELL

Respondent

FILE NO/S:

BD3268/06

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

25 May 2007

DELIVERED AT:

Brisbane

HEARING DATE:

4 May 2007

JUDGE:

McGill DCJ

ORDER:

Order the respondent to pay the applicant $25,100 compensation for the injuries suffered by the applicant as a result of the offences for which the respondent was convicted on 8 November 2006. Order the respondent to pay the applicant’s costs of and incidental to the application to be assessed.

CATCHWORDS:

CRIMINAL LAW – Compensation – injury caused by circumstances straddling commencement of Act – psychiatric injury – adverse impacts

Criminal Offence Victims Act 1995 s 46.

HW v LO [2001] 2 Qd R 415 – applied.

HV v LN [2002] 1 Qd R 279 – applied.

R v K (No 2) [1998] 2 Qd R 510 – cited.

COUNSEL:

L. M. Menolotto for the applicant

The respondent did not appear

SOLICITORS:

Keith Scott and Associates for the applicant

The respondent was not represented

This is an application for compensation which is advanced under both s 663B of the Criminal Code and the Criminal Offence Victims Act 1995. On 5 December 2005 the respondent pleaded guilty to 10 counts, one of maintaining an unlawful relationship of a sexual nature with a circumstance of aggravation between 1 August 1994 and 2 December 1997; two counts of indecent dealing with and one count of unlawfully permitting himself to be indecently dealt with by a child under 12 years and under his care, all between 1 August 1994 and 1 August 1995; one count of indecently dealing with and one of unlawfully permitting himself to be indecently dealt with by a child under 12 years, each between 15 October 1995 and 26 October 1995; one count of indecent dealing with a child under 12 under his care between 1 August 1995 and 1 August 1996; one count of rape between 1 August 1996 and 1 December 1996; one count of indecent dealing between 1 August 1997 and 31 August 1997; and one count of exposing a child under 16 to an indecent act between 1 August 1997 and 2 December 1997. All of the offences were alleged to have been committed against the applicant, who at the relevant time was aged between nine and 12. Sentences of imprisonment were imposed, nine years for each of the maintaining and the rape counts, and four years for each of the other counts, all to be served concurrently.

It will be immediately apparent that the offences straddle the commencement of the Criminal Offence Victims Act 1995 (“the Act”) on 18 December 1995. By s 46 of the Act, the compensation provisions do “not apply to injury suffered by anyone because of an act done before the commencement”, and chapter 65A of the Code applies to such an injury; the compensation provisions in part 3 apply only, “for applications under…

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 GKA v. Bell

Details

AGLC: GKA v Bell [2007] QDC 91
Case: [2007] QDC 91
Decision Date: 25 May 2007

CaseChat Overview and Summary

GKA sought compensation from Bell for injuries caused by circumstances that occurred before and after the commencement of a particular Act. The dispute was heard in the relevant court. The central legal issues were whether the court had the authority to award compensation for psychiatric injury and whether the adverse impacts of the events straddled the commencement of the Act.

The court found that it had the jurisdiction to award compensation for psychiatric injury under the relevant legislation. The court held that the injuries in question were caused by circumstances that occurred both before and after the commencement of the Act. The court considered that the psychiatric injuries suffered by GKA were a direct result of Bell’s criminal conduct, and therefore, Bell was liable for compensation. The court also noted that the adverse impacts on GKA were significant and ongoing, justifying the award of compensation.

The court ordered Bell to pay GKA $25,100 in compensation for the injuries suffered as a result of the offences for which Bell was convicted. Additionally, the court ordered Bell to pay GKA’s costs of and incidental to the application, to be assessed. This decision underscores the court’s commitment to providing appropriate redress for victims of crime, including those who suffer psychiatric injuries.

Orders

Orders of the court

Order the respondent to pay the applicant $25,100 compensation for the injuries suffered by the applicant as a result of the offences for which the respondent was convicted on 8 November 2006. Order the respondent to pay the applicant’s costs of and incidental to the application to be assessed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	GKA v Bell [2007] QDC 091
PARTIES:	GKA Applicant AND ROBERT JOHN BELL Respondent
FILE NO/S:	BD3268/06
DIVISION:
PROCEEDING:	Originating application
ORIGINATING COURT:	District Court, Brisbane
DELIVERED ON:	25 May 2007
DELIVERED AT:	Brisbane
HEARING DATE:	4 May 2007
JUDGE:	McGill DCJ
ORDER:	Order the respondent to pay the applicant $25,100 compensation for the injuries suffered by the applicant as a result of the offences for which the respondent was convicted on 8 November 2006. Order the respondent to pay the applicant’s costs of and incidental to the application to be assessed.
CATCHWORDS:	CRIMINAL LAW – Compensation – injury caused by circumstances straddling commencement of Act – psychiatric injury – adverse impacts Criminal Offence Victims Act 1995 s 46. HW v LO [2001] 2 Qd R 415 – applied. HV v LN [2002] 1 Qd R 279 – applied. R v K (No 2) [1998] 2 Qd R 510 – cited.
COUNSEL:	L. M. Menolotto for the applicant The respondent did not appear
SOLICITORS:	Keith Scott and Associates for the applicant The respondent was not represented