Herron v Herron

[2009] QDC 419

DISTRICT COURT OF QUEENSLAND

CITATION:	Herron v Herron [2009] QDC 419
PARTIES:	PAULINE JANELLE HERRON
(Applicant) AND
RAYMOND JOHN HERRON
(Respondent)
FILE NO/S:	146/2008
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING
COURT:	Beenleigh
DELIVERED ON:	4 September 2009
DELIVERED AT:	Brisbane
HEARING DATE:	17 August 2009
JUDGE:	Dearden DCJ
ORDER:	The respondent Raymond John Herron pay the applicant Pauline Janelle Herron the sum of $26,250.
CATCHWORDS:	APPLICATION – CRIMINAL COMPENSATION – Grievous bodily harm – Fracture to ankle – severe – mental
or nervous shock – moderate
LEGISLATION:	Criminal Offence Victims Act 1995 (Qld) ss 22, 24, 25, 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:	Ms Y Chekirova for the applicant No appearance for the respondent
SOLICITORS:	Campbell & White for the applicant No appearance for the respondent

Introduction

1. The applicant Pauline Janelle Herron seeks compensation in respect of injuries suffered by her in respect of an incident which occurred on 8 January 2004 at Bethania. The respondent Raymond John Herron (the applicant’s half-brother) appeared for sentence before me on 24 August 2007 in respect of one count of grievous bodily harm. The respondent was sentenced to 18 months imprisonment with an immediate parole release date.

Facts
[2]	The Schedule of Facts tendered on the sentence[1] indicates the following:

[1] Sentence Exhibit 4

“On 8 January 2004 the [respondent] was living at his parent’s home in Bethania. The [applicant], the respondent’s sister, returned home to visit her parents.

When the [respondent’s] and [applicant’s] mother returned both went downstairs to see her. The [respondent] began harassing his mother about being able to use the house phone as there had been a restriction put on it. The mother agreed to allow the [respondent] to use the phone but told him that he would need to wait.

The [respondent] apparently continued to be disrespectful and continued to harass his mother about the phone. The [respondent] then pushed [the applicant] and [the applicant] pushed the [respondent] back. This escalated to the point where the [respondent] gave [the applicant] a large shove which sent her through into the living room and toward the front bay window of the house.

As a result of this [the applicant] fell damaging her ankle.”

Injuries

1. The Schedule of Facts notes:

   “That as a result of that injury it was noted that [the applicant] had fractured one of her ankle bones and had tenderness and swelling of the right ankle. This required internal fixation of screws and ongoing physiotherapy.”[2]

   [2] Sentence Exhibit 4

2. The applicant presented to the Logan Hospital on 8 January 2004, and the report of Dr Paul Schmidt, Medical Officer, Logan Hospital, states[3]:

   “An x-ray revealed a fractured neck of the talus bone of [the
   applicant’s] right ankle.

   This injury required operative treatment with internal fixation using screws removed. The lateral screw was removed. The patient has been followed up in…