Green v Dalton

[2005] QDC 78

DISTRICT COURT OF QUEENSLAND

CITATION:

Green v Dalton [2005] QDC 078

PARTIES:

COLIN BARRY GREEN
Applicant
v
GRANT SIDNEY DALTON
Respondent

FILE NO/S:

BD 580/05

DIVISION:

Civil

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court of Queensland, Brisbane

DELIVERED ON:

15 April 2005

DELIVERED AT:

Brisbane

HEARING DATE:

12 April 2005

JUDGE:

Alan Wilson SC,DCJ

ORDER:

Order that the respondent pay the applicant the amount of $51,187.50 for compensation under the Criminal Offence Victims Act 1995

CATCHWORDS:

CRIMINAL LAW – COMPENSATION – order for compensation under Criminal Offence Victims Act 1995 – assessment of compensation – whether assessment should be reduced to reflect Applicant’s contribution

Criminal Offence Victims Act 1995 (Qld)

Cases considered:
Buckland v Estate of Kennedy (2000) QSC 337
Facer v Bennett (2001) QCA 395
Hohn v King (2004) QCA 254
Jones v Coolwell (2001) QSC 130

COUNSEL:

Mr M A Thomas, Solicitor, for the Applicant
Mr V A Campbell, Solicitor, for the Respondent

SOLICITORS:

Woods Prince for the Applicant
Macrossan & Amiet for the Respondent

REASONS FOR JUDGMENT

1. This is an application for criminal compensation under the Criminal Offence Victims Act 1995 (the Act). In issue is the amount of compensation and whether it should be reduced under s 25(7) of the Act which provides:

In deciding whether an amount, or what amount should be ordered to be paid for an injury, the court must have regard to everything relevant, including, for example, any behaviour of the Applicant that directly or indirectly contributed to the injury.

1. Affidavits were filed by the applicant and medical practitioners and a psychologist who have treated or examined him.  The respondent also filed an affidavit touching the circumstances leading to the claim, which involved a physical altercation between the complainant and the respondent outside a hotel at Mackay on the evening of 28 June 2002.  The fight apparently ended quite quickly and both parties returned to the hotel but, later, the applicant sought medical treatment.  His left eye was discovered to be badly injured, and had to be removed.  The respondent was not questioned about the matter until 21 January 2003 and then arraigned before Britton SC,DCJ at Mackay on 2 May 2003 on an ex officio indictment, when he pleaded guilty to one count of causing grievous bodily harm.

1. The respondent was represented by Counsel on sentence.  His Honour’s sentencing remarks include, relevantly, the following:

It appears that you had been to the Kuttabul Hotel after work.  You there met the complainant who was previously unknown to you.  You became involved in conversation with him and I infer that you were both drinking alcohol at the time.  A degree of intoxication ensued.  There was a verbal argument over some trivial matter which was initiated by the complainant.  You and he ultimately went outside and had a consensual fight.  It appears that you knocked him to the ground, but that you then got on top of him and punched him a number of times to the left side of the head.  You apparently…