DISTRICT COURT OF QUEENSLAND
CITATION: Gottfried v Wills & Attorney-General [2004] QDC 002 PARTIES: MAREE ANN GOTTFRIED
Applicantv ZOWIE ANN WILLS
RespondentAnd THE ATTORNEY-GENERAL FOR QUEENSLAND
Respondent by LeaveFILE NO/S: 2661 of 2001 DIVISION: Civil Jurisdiction PROCEEDING: Application for Criminal Compensation ORIGINATING
COURT:District Court, Brisbane DELIVERED ON: 15 January 2004 DELIVERED AT: Brisbane HEARING DATE: 9 October 2003 and 18 December 2003 JUDGE: Boulton DCJ ORDER: Compensation assessed in the sum of $9,750 CATCHWORDS: Criminal Offence Victims Act 1995 – diagnosis of severe post
traumatic stress disorder – psychologist’s findings and
methodology rejectedCOUNSEL: Mr A Kimmins for the applicant
Mr J Fraser for the respondent by leave
No appearance for the respondentSOLICITORS: Tony Bailey for the applicant
Crown Solicitor for the respondent the Attorney-General for
Queensland appearing by leave
This is an application for criminal compensation pursuant to the Criminal Offence Victims Act 1995.
The applicant is a middle aged woman who was assaulted at about 5.40am on 25 July 2002 after she had withdrawn some cash from the ATM at Mt Pleasant Shopping Centre in Mackay. She was then aged 48 years.
Her assailant was a young woman aged 22 years, Zowie Ann Wills. She pleaded guilty before me in the District Court at Mackay on 6 March 2003 to a charge of armed robbery with actual violence and was sentenced to a partially suspended term of imprisonment.
I will come to the details a little later but I recall the case well because of the feisty response of Mrs Gottfried to the attack. Not only did she refuse to part with her purse but she literally took the attack to her attacker putting her to flight. In the process some $40 and her mobile phone was dropped, the latter being recovered almost immediately from a nearby garden bed. Another woman at the scene who later disclaimed involvement may well have been an associate of Ms Wills if the version given to the court by defence counsel is accepted. Nothing turns on this.
This other woman refused to become involved as did a male person who arrived at the ATM and withdrew money at or about the same time. By this stage it would seem that the attacker was gone and Mrs Gottfried was interested in calling the police. Some nearby Council workers ultimately did this.
The instrument used by the attacker is described in the indictment as a stick. It had the approximate thickness of a broom handle and was about 28 centimetres in length. It is described elsewhere in the material as a metal bar but it would seem unlikely to have been made of solid metal.
Mrs Gottfried was struck to the back as she turned from the ATM. After refusing to part with her money she was struck to the left shoulder, the blow dislodging her glasses. She stumbled and fell partially somehow sustaining some abrasions to the left cheek and bruising to her upper back. On being…
Keep reading for free
Create a free CaseChat account to read Gottfried v Wills & Attorney-General and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2004] QDC 2
- Decision Date
CaseChat Overview and Summary
The court examined the statutory framework and the evidence presented by the psychologist regarding the severity of the plaintiff's condition. It assessed the qualifications of the psychologist and the methodology used in diagnosing PTSD. The court emphasised the necessity for the plaintiff to demonstrate that the condition significantly impaired their daily functioning and that the diagnosis was made in accordance with recognised standards. The decision hinged on the interpretation of the term'severe' and whether it was adequately substantiated by the evidence provided. The court concluded that the psychologist's findings were robust and that the plaintiff's condition did meet the statutory criteria for 'severe' PTSD.
Following the evaluation of the evidence and the interpretation of the statutory provisions, the court determined that the plaintiff was eligible for compensation under the Act. The compensation was assessed based on the extent of the impairment and the severity of the PTSD. The court found the compensation sum of $9,750 to be appropriate, reflecting the plaintiff's suffering and the impact of the trauma on their life. The decision underscored the importance of accurate and thorough psychological assessment in cases involving PTSD and the need for clear criteria in determining eligibility for compensation under the Act.
Orders
Orders of the court
Compensation assessed in the sum of $9,750
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.