JGS v Adams - [2009] QDC 290

DISTRICT COURT OF QUEENSLAND

CITATION:

JGS v Adams [2009] QDC 290

PARTIES:

JGS

(Applicant)

v

TIMOTHY JOHN ADAMS

(Respondent)

FILE NO/S:

BD 1199/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

16 July 2009

DELIVERED AT:

Brisbane

HEARING DATE:

16 July 2009

JUDGE:

Rafter SC DCJ

ORDER:

The respondent pay to the applicant the sum of $39,000 by way of compensation pursuant to s24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of rape, sexual assault and attempted rape which led to the conviction of the respondent in the District Court at Ipswich on 16 June 2008

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – rape– physical injuries and mental or nervous shock – adverse impacts of sexual offences

COUNSEL:

A P Hodgson (solicitor) for the applicant

No appearance by or for the respondent

SOLICITORS:

A P Hodgson and Associates for the applicant

No appearance by or for the respondent

Introduction

The applicant seeks compensation pursuant to s.24 Criminal Offence Victims Act 1995 for physical and emotional injuries caused by offences committed by the respondent between 25 December 2006 and 21 February 2007.

On 16 June 2008 in the District Court at Ipswich the respondent pleaded guilty to 7 counts of rape, 2 counts of sexual assault, 1 count of entering a dwelling and stealing, 1 count of burglary by breaking with violence, 1 count of attempted rape and 1 count of robbery. On 17 June 2008, the respondent was sentenced to 10 years imprisonment in relation to 5 of the rape counts. Those convictions were declared to be convictions of serious violent offences. There were lesser terms of imprisonment imposed in respect of the other offences.

It was declared that the respondent had served 480 days in pre-sentence custody.

On 13 March 2009 the Court of Appeal refused an application to extend the time within which to apply for leave to appeal against the sentence. (See R v Adams [2009] QCA 51)

As the Public Trustee is the manager of the respondent’s estate pursuant to Part 7 of the Public Trustee Act 1978, the application and supporting affidavits were served on the Public Trustee on 7 May 2009. The applicant’s solicitor filed an affidavit of Clinton Miles, Deputy Director, Client Services, of the Public Trustee stating that the respondent has provided written confirmation that he has been served with all relevant material and does not wish to take part in the proceedings. Mr Miles states that the Public Trustee does not hold any assets on behalf of the respondent and the respondent has advised that he has no assets with which to satisfy an order made against him. There has been no appearance by or for the respondent.

Circumstances of the offence

Prior to the offences, the applicant and respondent were in a relationship which lasted approximately 12 months. The relationship ended on 26 December 2006. However the respondent remained living in the applicant’s home until 6 February…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading JGS v Adams

Details

AGLC: JGS v Adams [2009] QDC 290
Case: [2009] QDC 290
Decision Date: 16 July 2009

CaseChat Overview and Summary

The case of JGS v Adams involved an application for criminal compensation by the applicant, JGS, against the respondent, Adams. The applicant sought compensation for physical injuries and mental or nervous shock she sustained as a result of being raped, sexually assaulted, and attempted rape by the respondent. The matter was heard in the Queensland District Court. The applicant's application was pursuant to section 24 of the Criminal Offence Victims Act 1995, which provides for compensation to victims of crime. The court was required to determine the extent of the applicant's injuries and the appropriate amount of compensation to be awarded.

The central legal issues before the court were whether the applicant had sustained injuries as a result of the crimes committed by the respondent, and if so, what the appropriate amount of compensation should be. The court had to consider both the physical injuries and the mental or nervous shock suffered by the applicant. The court also had to consider the adverse impacts of sexual offences, which often include both physical and psychological harm.

The court found that the applicant had indeed sustained both physical injuries and mental or nervous shock as a result of the crimes committed by the respondent. The court took into account the severity and nature of the offences, the impact on the applicant's physical and mental health, and the evidence provided by medical and psychological experts. The court awarded the applicant $39,000 by way of compensation, reflecting the harm suffered and the need for appropriate redress under the legislation.

Orders

Orders of the court

The respondent pay to the applicant the sum of $39,000 by way of compensation pursuant to s24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of rape, sexual assault and attempted rape which led to the conviction of the respondent in the District Court at Ipswich on 16 June 2008

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	JGS v Adams [2009] QDC 290
PARTIES:	JGS (Applicant) v TIMOTHY JOHN ADAMS (Respondent)
FILE NO/S:	BD 1199/09
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court, Brisbane
DELIVERED ON:	16 July 2009
DELIVERED AT:	Brisbane
HEARING DATE:	16 July 2009
JUDGE:	Rafter SC DCJ
ORDER:	The respondent pay to the applicant the sum of $39,000 by way of compensation pursuant to s24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of rape, sexual assault and attempted rape which led to the conviction of the respondent in the District Court at Ipswich on 16 June 2008
CATCHWORDS:	APPLICATION – CRIMINAL COMPENSATION – rape– physical injuries and mental or nervous shock – adverse impacts of sexual offences
COUNSEL:	A P Hodgson (solicitor) for the applicant No appearance by or for the respondent
SOLICITORS:	A P Hodgson and Associates for the applicant No appearance by or for the respondent