JB obo ABS v JDN

DISTRICT COURT OF QUEENSLAND

CITATION:

JB obo ABS v JDN [2011] QDC 296

PARTIES:

JB (as litigation guardian for ABS)
(Applicant)

v

JDN
(Respondent)

FILE NO/S:

47/2010

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

23 November 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

26 October 2011

JUDGE:

Dearden DCJ

ORDER:

1.  The respondent JDN pay the applicant JB on behalf of ABS the sum of $22,500.

2.  The monies are to be paid to the Public Trustee of Queensland who is authorised to receive and hold such monies on behalf of ABS until she attains the age of 18 years.

3.  The Public Trustee of Queensland is further authorised to advance such monies from time to time as may be necessary for the maintenance, education or treatment (including counselling) of ABS.

4.  The Public Trustee of Queensland is further authorised to pay out of such monies received the reasonable costs of the present application to the applicant’s legal representatives.

CATCHWORDS:

Application – criminal compensation – indecent dealing with a child under 12 – mental or nervous shock – adverse impacts

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss. 25(7) & 40(1)

Victims of Crime Assistance Act 2009 (Qld) ss. 154 & 155

Criminal Offence Victims Regulation 1995 (Qld) s.1A

CASES:

JMR obo SRR v Hornsby [2009] QDC 147

COUNSEL:

Mr L Menolotto for the applicant

No appearance for the respondent

SOLICITORS:

Towns-Wilson Lawyers for the applicant

No appearance for the respondent

Introduction

1. The respondent, JDN was found guilty at the Beenleigh District Court of five counts of unlawfully and indecently dealing with a girl under 12 years (in respect of the complainant ABS).  The respondent was sentenced by Judge Koppenol to three years imprisonment, concurrent in respect of each of the five counts, with a parole eligibility date of 1 October 2010 (i.e. after serving 18 months).

The Facts

1. The complainant was the “de facto niece” of the respondent, who was aged between eight and nine years at the time of the relevant offences.  The respondent was aged 44 years at the time.

1. Judge Koppenol, in his sentencing remarks addressed to the respondent, summarised the offending as follows:-

“Between December 2006 and July 2007, at your home in Logan Central, one night, while you and others were watching a television program, you put your hand down the back of the young girl’s pants and touched her [and] pinched her on the bottom.  That was count 1. 

Count 2 was that between June and September 2007, again at your home, you put your hand up her shirt and touched her left breast….

Counts 3, 4 and 5 related to events which occurred on Christmas Day 2007 at your home.  Your young niece and her siblings and her parents and your wife and some other people were present that day.  There was to be a Christmas Day barbecue for the family.  During that afternoon, when you and the young complainant were together in the kitchen, you kissed her…