Houghton v Knoble

[2011] QDC 276

DISTRICT COURT OF QUEENSLAND

CITATION:

Houghton v Knoble [2011] QDC 276

PARTIES:

BENJAMIN NICHOLAS HOUGHTON
(Applicant)

v

SAM ROWAN KNOBLE
(Respondent)

FILE NO/S:

1762/2007

DIVISION:

PROCEEDING:

Application

ORIGINATING COURT:

District Court of Brisbane

DELIVERED ON:

11 November 2011

DELIVERED AT:

Brisbane

HEARING DATE:

8 November 2011

JUDGE:

Samios DCJ

ORDER:

Respondent to pay the Applicant $52,500

CATCHWORDS:

Criminal law – compensation – contribution to injury – assessment of compensation

Criminal Offence Victims Act 1995 s 22(3), s 22(4), s 25(6), 25(7)

SAY v AZ; Ex-parte A-G (Qld) [2006] QCA 462

COUNSEL:

SOLICITORS:

Mrs Fadden appeared for Mr Houghton from the Legal Aid Office

Mr Rollason appeared for Mr Knoble from Robertson O’Gorman Solicitors

1. On 15 July 2002 Mr Houghton who was then 16 years of age was the victim of the offence of unlawfully doing grievous bodily harm committed by Mr Knoble who was then 17 years of age.

1. On 19 June 2003 Mr Knoble pleaded guilty to committing the offence before His Honour Judge Trafford Walker and was sentenced to an intensive correction order.

1. This is Mr Houghton’s application for criminal compensation to be assessed for injuries he claims he suffered because of the offence.

1. The application is opposed.

1. Mr Houghton is now 25 years of age having been born on 5 July 1986 and Mr Knoble is 26 years of age having been born on 1 January 1985.

1. Mr Houghton claims to have suffered four discrete injuries as a result of the offence, namely:

(a)        Bruising;

(b)        Fractures of the right cheek bone involving the right eye socket;

(c)        Nerve damage causing trigeminal neuropathic pain;

(d)        Mental or nervous shock.

1. The application is brought pursuant to the Criminal Offence Victims Act 1995 (the Act) which was repealed by the Victims of Crime Assistance Act 2009 which commenced on 1 December 2009.

1. The application is within time and can be heard under the Act.

1. The basis upon which Mr Knoble was sentenced was that he and Mr Houghton had at one time been friends through a mutual friend.  In about January 2002 they had a falling out.  According to Mr Houghton Mr Knoble told him not to call him as he heard that Mr Houghton was saying derogatory things about his sister.  On the date the offence was committed Mr Knoble approached Mr Houghton and said: “Are you still saying stuff about my sister?”.  Mr Houghton told him that he had not been saying anything about his sister and asked Mr Knoble to hear him out.  Mr Knoble then grabbed Mr Houghton’s collar and Mr Houghton again asked Mr Knoble to hear him out.  Mr Knoble continued to hang on to Mr Houghton’s collar and at that stage Mr Houghton had his back against a wall.  Mr Knoble then punched Mr Houghton in the eye.  The back of Mr Houghton’s head hit the wall.  Mr Knoble then hit Mr Houghton again and connected somewhere above the right eye.  Mr Knoble said “you deserve this” and then ran away.