HL v Hill

[2010] QDC 216

DISTRICT COURT OF QUEENSLAND

CITATION:

HL v Hill [2010] QDC 216

PARTIES:

HL

(Applicant)

V

WALTER NATHANIEL HILL

(Respondent)

FILE NO/S:

BD3585/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

13 May 2010

DELIVERED AT:

Brisbane

HEARING DATE:

8 April 2010

JUDGE:

Jones DCJ

ORDER:

The respondent pays the applicant $20,625 compensation pursuant to the Criminal Offences Victims Act 1995.

CATCHWORDS:

CRIMINAL COMPENSATION – Criminal Offence Victims Act 1995 – Victims of Crime Assistance Act 2009 – sexual assault – mental or nervous shock – evidence of previous sexual abuse by person other than respondent – affects on personality development – contribution to injury- Regulation 1A –adverse impacts of sexual offence.

Criminal Offence Victims Act 1995

Criminal Offence Victims Regulation 1995

Victims of Crime Assistance Act 2009

Cases cited

R v Atwell, ex parte Jullie [2002] 2 Qd R 367, applied

PAJ v AAK [2010] QCA 78, followed and applied

Vlug v Carrasco [2006] QCA 561, applied

Vlug v Carrasco [2006] QDC 306 , discussed

MAV v ABA [2007] QCA 124, discussed

COUNSEL:

L. Dollar for the applicant

No appearance for the respondent

SOLICITORS:

Michael Hefford Solicitors and Attorneys for the applicant

The respondent was not represented

Introduction

1. The applicant seeks compensation for injuries she sustained as a result of a sexual assault by the respondent which occurred at or around midnight on 3 September 2007.  On 16 December 2008 the respondent pleaded guilty before another judge to one count of burglary by breaking and one count of sexual assault.  At the time of the assault the applicant was just under 20 years of age.

1. The circumstances surrounding the assault were that on the night in question the applicant was asleep in her cabin in a caravan park. She awoke around midnight to find the respondent sitting on the edge of her bed. She was wearing a top and underwear.  He assaulted her by placing one of his hands between her legs and touching her vagina with his fingers through her underpants.  At the time, the applicant was suffering from the condition vulvodynia, one of the symptoms of which includes tenderness around the entrance of the vagina. During the assault, the applicant felt a burning sensation and pain where the respondent had touched her.  The applicant then stood up from the bed. The respondent pressed her to have sexual intercourse with him, which was refused.  A friend of the respondent then entered the cabin and led him away.  After the respondent had left the cabin, the applicant noted that her handbag had been taken. 

Impact of assault on the applicant

1. The applicant described the impact on her life as a consequence of the assault in the following way:

“When the offence occurred I was very scared and shocked.  I constantly feel paranoid and very easily startled if someone approaches me from behind.  I find myself constantly looking behind me of a night and I must have all the windows shut when…