Harper v H; Harper v F

DISTRICT COURT OF QUEENSLAND

CITATION:

Harper v H; Harper v F [2008] QDC 238

PARTIES:

DEBBIE FAY HARPER

(Applicant)

v

AH

(Respondent)

and

DEBBIE FAY HARPER

(Applicant)

v

AF

(Respondent)

FILE NO/S:

74/2008 (Harper v H)

73/2008 (Harper v F)

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

17 September, 2008

DELIVERED AT:

Beenleigh

HEARING DATE:

17 September, 2008

JUDGE:

Dearden DCJ

ORDER:

The respondents AH and AF pay the applicant Debbie Fay Harper the sum of $12,000.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – ROBBERY IN COMPANY – BRUISING/LACERATIONS – FRACTURED NOSE

LEGISLATION:

Criminal Offence Victims Act 1995 ss 22(4), 24, 25, 25(7), 26

CASES

R v Ward; ex parte Dooley [2001] 2 Qd R 436

Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337

Wren v Gaulai [2008] QCA 148

COUNSEL:

No appearance for the respondents

SOLICITORS:

Howden Saggers lawyers for the applicant

No appearance for the respondents

Introduction

1. The applicant Debbie Fay Harper seeks compensation in respect of injuries suffered by her arising out of an incident which occurred on 13 November 2004.  The respondents, AH and AF were both juveniles at the time the offence was committed.  AH entered a plea of guilty in the Beenleigh Childrens’ Court on 5 August 2005 to a single count of robbery accompanied with personal violence, and was sentenced by Judge Tutt in that court on 3 October 2005 to 6 months detention, suspended immediately and subject to a three month conditional release order.  The respondent AF pleaded guilty on 30 September 2005 to one count of robbery accompanied with personal violence, and was sentenced by Judge Tutt on 24 January 2006 in the Beenleigh Childrens’ Court to 18 months’ imprisonment, wholly suspended with an operational period of three years.

Facts

1. The applicant and her boyfriend Richard Newham were walking along Karri Avenue at Woodridge in the early hours of Saturday 13 November 2004.  They had been out for the evening and were in front of their house, by their front fence, when they were approached by the two respondents.  Both respondents had attended a party in the street that night and had consumed a considerable amount of alcohol prior to the incident.  Both respondents greeted the applicant and Mr Newham, and then attacked both the applicant and Mr Newham without warning.  The respondent AF punched Mr Newham, causing him to fall to the ground then both respondents punched and kicked Mr Newham while he was on the ground.  The applicant went to Mr Newham’s assistance and after words were exchanged, she too was knocked to the ground and kicked by both respondents while she was on the ground.  The respondents then decamped with the applicant’s handbag and returned to the party that they had previously been attending.

Injuries

1. The applicant suffered abrasions to her arms and legs and had a laceration to her eye which required 29 stitches.  The applicant also received a fractured nose.[1]   The report of Dr…