Hallam v Hess

[2011] QDC 43

DISTRICT COURT OF QUEENSLAND

CITATION:

Hallam v Hess [2011] QDC 43

PARTIES:

BRADLEY JON HALLAM

(Applicant)

v

RAYMOND HESS

(Respondent)

FILE NO:

151/2009

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

8 April 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

18 February 2011

JUDGE:

Dearden DCJ

ORDER:

The respondent Raymond Hess pay the applicant Bradley Jon Hallam the sum of $19,500.

CATCHWORDS:

Application – criminal compensation – unlawful wounding – bruising/laceration – stab wound – bodily scarring – mental or nervous shock

LEGISLATION:

Criminal Offence Victims Act1995 s.24

Victims of Crime Assistance Act2009 ss. 154 and 155

CASES:

Paterson v Chand & Chand [2008] QDC 214.

COUNSEL:

Mr A McCarthy (solicitor) for the applicant

The respondent appeared self-represented

SOLICITORS:

Gouldson Legal, solicitors for the applicant

The respondent appeared self-represented

Introduction

1. The respondent, Raymond Hess, pleaded guilty in the Beenleigh District Court on 6 October 2008 to one count of unlawful wounding of the applicant, Bradley Jon Hallam.  The respondent was sentenced to three years imprisonment with a parole release date set at the date of sentence (6 October 2008).  A period of 408 days (approximately 13½ months) of pre-sentence custody was declared time served in respect of the sentence.[1]

   [1]Exhibit FJT7 (Sentencing Remarks) p. 5 Affidavit of Fabian Tauchmann sworn 8 September 2009.

Facts

1. The applicant and the respondent had been mates for about 10 years.  The applicant had been married to Ms Tina Le Clair, and they had three children together.  Ms Le Clair revealed in January 2007 that she had been having an affair with another man.  That person, it turned out, was the respondent. Ms Le Clair moved in with the respondent.

1. By August 2007, the applicant and the respondent had had discussions about living together again.  Ms Le Clair returned to live with the applicant, having by then spent some months living with the respondent.

1. On the day in question (24 August 2007), the applicant was at his mother’s house where he was residing with his children.  Ms Le Clair had been in discussions with the respondent about returning to live with him.  The respondent kicked open the gate of the 6 ft fence at the applicant’s mother’s house, then charged at the applicant.  The applicant and the respondent fell to the ground.  The respondent had a knife and called out to the applicant. As the applicant and the respondent got to their feet, the applicant felt a piercing pain to his right bicep, which began bleeding profusely.  The applicant told the respondent that the respondent had stabbed him. The applicant then knocked the respondent to the ground and kicked him in the head and upper body a number of times, to the point of unconsciousness. The applicant kept the respondent down until police arrived.  Ms Le Clair arrived at the applicant’s mother’s house during this part of the altercation.[2]

   [2]Sentence Exhibit 2 (Schedule of Facts).

Injuries

1. The applicant was treated for a 1 cm puncture wound on the inside…