Jacobson v Hearn

[2009] QDC 184

DISTRICT COURT OF QUEENSLAND

CITATION:

Jacobson v Hearn [2009] QDC 184

PARTIES:

REBECCA ANN JACOBSON
(Applicant)
v
IAN ANDREW JOHN HEARN
(Respondent)

FILE NO/S:

96 of 2008

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court at Mackay

DELIVERED ON:

26 June 2009

DELIVERED AT:

Mackay

HEARING DATE:

22 June 2009

JUDGE:

Everson DCJ

ORDER:

That the respondent pay the applicant $43,500.00 by way of compensation.

CATCHWORDS:

Criminal compensation – Psychological injuries – physical injuries.

Criminal Offence Victims Act 1995
Criminal Offence Victims Regulation 1995

R v Jones ex parte Zaicov [2002] 2 Qd R 303 at 310

COUNSEL:

B.J Hartigan for the applicant

SOLICITORS:

Kelly Legal for the applicant
No appearance for the respondent

1. This is an application for a compensation order pursuant to section 24 of the Criminal Offence Victims Act 1995 (“COVA”).

1. The injuries giving rise to the application were suffered as a result of a personal offence for which the respondent was convicted on indictment on 11 November 2005, namely grievous bodily harm.

Facts

1. The applicant was 29 years of age when the respondent, her former defacto partner, struck her in the face with a beer glass at a party at the Maroochydore RSL Club on 16 October 2004. (“the incident”).

Injuries

1. The applicant suffered the following injuries as a consequence of the incident:

·     A five centimetre laceration to the left side of her face, resulting in scarring;

·     A fractured nose;

·     Facial nerve damage;

·     Facial fractures;

·     The loss of one tooth;

·     A slight decrease in hearing in the left ear;

·     Major psychological sequelae.

The relevant law

1. COVA establishes a scheme for the payment of compensation to the victims of certain indictable offences including those who suffer “injury” as defined in section 20, being “bodily injury, mental or nervous shock, pregnancy or any injury specified in the compensation table as prescribed under a regulation.”

1. Pursuant to section 25 of COVA, a compensation order may only be made up to the scheme maximum of $75,000 specified in section 2 of the Criminal Offence Victims Regulation 1995 (“COVR”) using the percentages listed for an injury specified in the Compensation Table in SCHEDULE 1 of COVA. In R v Jones ex parte Zaicov[1] Homes J described the process in the following terms:

“Thus, my examination of the section convinces me that a two or three stage process is entailed. Where there is more than one injury, the first step is to arrive at the amounts in respect of each injury, the second is to add those amounts together, and the third, to arrive at the compensation order.”         

[1] [2002] 2 QdR 303 at 310

1. Relevantly the Compensation Table prescribes:

Item 2. Bruising/laceration etc (severe)……………………………….3% - 5%

Item 3. Fractured nose (no displacement)……………………………..5% - 8%

Item 5. Loss or damage of teeth……………………………………….1% - 12%

Item 6. Facial fracture (minor) ………………………………………..8% - 14%

Item 27. Facial disfigurement or bodily scarring (minor/moderate) …2% - 10%

Item 33. Mental or nervous shock (severe)…………………………...20%…