JHC v LJC

Case [2011] QDC 26

DISTRICT COURT OF QUEENSLAND

CITATION:

JHC v LJC [2011] QDC 26

PARTIES:

JHC

(Applicant)

V

LJC

(Respondent)

FILE NO/S:

3793/2009

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

21 February 2011 (ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

4 February 2011

JUDGE:

Irwin DCJ

ORDER:

The respondent pay the applicant the sum of $21,750 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offences of assault occasioning bodily harm and assault with intent to commit rape, which lead to the conviction of the respondent in the District Court at Brisbane on 27 August 2009.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – application for criminal compensation – where the respondent was convicted of one count each of assault occasioning bodily harm and of assault with intent to commit rape – where the applicant suffered physical injury, a post-traumatic stress disorder to a moderate degree which was likely to persist indefinitely, and an adverse impact under reg 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld) as a result of the offence – assessment of compensation

Criminal Offence Victims Act 1995 (Qld) (repealed), s 20,

s 21, s 22, s 24, s 25, s 26, s 30, Schedule 1

Criminal Offence Victims Regulation 1995 (Qld) (repealed),

s 1A, s 2, s 2A

Uniform Civil Procedure Rules 1999 (Qld), r 105(1), r 110(a),

r 110(c)

Victims of Crime Assistance Act 2009 (Qld), s 149,

s 155(1)(a), s 155(2)(b)

AT v FG [2004] QCA 295, applied

R v Kazakoff; ex parte Ferguson [2001] 2 QD R 320, cited

JMR obo SRR v Hornsby [2009] QDC 147, cited

KMS v LJC [2010] QDC 284, considered

PAJ v AAK [2010] QCA 78, applied

JI v AV [2002] 2 Qd R 367, applied

R v Tiltman; ex parte Dawe (1995) QSC 345, applied

R v Ward; ex parte Dooley [2001] Qd R 436, applied

Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, applied

RMC v NAC [2009] QSC 149, applied

SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied

SAN v LJC [2010] QDC 439, considered

SMR v LJC [2010] QDC 285, considered

STH v LJC [2010] QDC 303, considered

WHG v LJC [2010] QDC 395, considered

Wren v Gaulai [2008] QCA 148, applied

COUNSEL:

Y. Chekirova for the applicant

No appearance by or on behalf of the respondent

SOLICITORS:

Campbell & White Lawyers for the applicant

No appearance by or on behalf of the respondent

HIS HONOUR:  The applicant seeks compensation pursuant to
section 24 of the Criminal Offence Victims Act 1995 (Qld) (the
Act) for physical and psychological injuries caused by the
attack of the…

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Details
AGLC
JHC v LJC [2011] QDC 26
Case
[2011] QDC 26
Decision Date

CaseChat Overview and Summary

The case of JHC v LJC involved an application for criminal compensation by the applicant, JHC, against the respondent, LJC. LJC had been convicted of one count each of assault occasioning bodily harm and of assault with intent to commit rape, with the conviction occurring in the District Court at Brisbane on 27 August 2009. The applicant sought compensation under section 24 of the Criminal Offence Victims Act 1995 (Qld) for the physical injury and psychological harm sustained as a result of these offences. Specifically, the applicant alleged that she suffered from a post-traumatic stress disorder to a moderate degree which was likely to persist indefinitely, as well as an adverse impact under regulation 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld).

The court was required to determine whether the applicant was entitled to compensation under the Act and, if so, the appropriate amount. The legal issues included the interpretation of the relevant provisions of the Criminal Offence Victims Act 1995 (Qld) and the assessment of the applicant’s injuries and their impact on her life. The court also needed to consider the statutory criteria for compensation, including the nature and extent of the injury, the impact of the injury, and the respondent's ability to pay.

The court found that the applicant was entitled to compensation for her injuries, which included both physical harm and psychological harm. The court assessed the extent of the applicant's injuries, noting the physical injuries and the moderate degree of post-traumatic stress disorder, which was likely to persist indefinitely. The court also acknowledged the adverse impact on the applicant's life as required by regulation 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld). After considering the respondent’s ability to pay, the court ordered the respondent to pay the applicant the sum of $21,750 by way of compensation.

The court’s decision was based on a detailed assessment of the applicant’s injuries and their impact, as well as the statutory criteria for compensation. The order reflects the court’s recognition of the serious nature of the respondent’s crimes and the significant impact they had on the applicant.

Orders

Orders of the court

The respondent pay the applicant the sum of $21,750 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offences of assault occasioning bodily harm and assault with intent to commit rape, which lead to the conviction of the respondent in the District Court at Brisbane on 27 August 2009.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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