JI v AV

Case [2001] QCA 510


SUPREME COURT OF QUEENSLAND

CITATION: Re JI v AV [2001] QCA 510
PARTIES:

JI

(applicant)
v
AV
(respondent)

FILE NO: Appeal No 6491 of 2001
DC No 2711 of 2001
DIVISION: Court of Appeal
PROCEEDING: Application for leave s 118 DCA (Civil)
ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON: 23 November 2001
DELIVERED AT: Brisbane
HEARING DATE: 14 September 2001
JUDGES: Williams JA, Chesterman and Atkinson JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER: Application for leave to appeal granted. Appeal dismissed.
CATCHWORDS:

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO THE DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – where the applicant was raped in her home – where the applicant was 86 years old – where s 1A Criminal Offence Victims Regulation 1995 provides for compensation to victims of sexual offences who suffer adverse impacts – where s 1A Criminal Offence Victims Regulation 1995 operates to the extent to which the impacts are not otherwise an injury under s 20 Criminal Offence Victims Act 1995 – whether all injuries sustained in sexual offence should be considered an adverse impact under the Criminal Offence Victims Regulation 1995

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – RULES OF CONSTRUCTION – WORDS TO BE GIVEN THEIR LITERAL AND GRAMMATICAL MEANING

Criminal Code Amendment Act 1968 (Qld)

Criminal Offence Victims Act 1995 (Qld) s 7 s 20, s 22, s 24,

s 25, s 36

Criminal Offence Victims Regulation 1995 (Qld) s 1A, s 2,

s 2A

Attorney-General v Prince Ernest Augustus of Hanover [1957] AC 436, cited

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129, cited

Bergin v White; ex parte Bergin [1956] St R Qd 432, cited

Bropho v Western Australia (1990) 171 CLR 1, cited

Buckland v Estate of Kennedy [2000] QSC 337, SC No 2488 of 2000, 2 October 2000, cited

Catlow v Accident Compensation Commission (1989) 167 CLR 543, cited

CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384, followed

Codd v Codd [2000] QDC, DC No 1558 of 2000, 24 May 2000, cited

Cole v Director-General of Department of Youth and Community Services (1987) 7 NSWLR 541, cited

Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1980 – 1981) 147 CLR 297, cited

Dooley v Ward [2000] QCA 493, CA No 8093 of 2000, 1 December 2000, referred to

Ferguson v Kazakoff [2000] QSC 156, SC No 8834 of 1999, 6 June 2000, cited

Houston v Toby [1996] QDC, DC No 29 of 1996, 6 December 1996, cited

Hoy v Dunbar [2000] QDC, DC No 1557 of 2000, 5 May 2000, cited

Jones v Thompson [2001] QDC, DC No 4905 of 2000, 29 January 2001, cited

Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404, cited

Lester v Ahmed [2000] QDC, DC No…

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Details
AGLC
JI v AV [2001] QCA 510
Case
[2001] QCA 510
Decision Date

CaseChat Overview and Summary

In the case of JI v AV, the applicant, an 86-year-old woman, sought compensation for the harm she suffered after being raped in her home. The matter was heard in the Queensland Court of Appeal, where the applicant sought to appeal a decision that had denied her compensation under section 1A of the Criminal Offence Victims Regulation 1995. The central legal issues revolved around the interpretation of this section and whether all injuries sustained in a sexual offence should be considered adverse impacts under the regulation, thereby rendering them ineligible for compensation under the Criminal Offence Victims Act 1995.

The court considered the statutory language and the principle of statutory interpretation that words should be given their literal and grammatical meaning. The regulation stipulates that compensation is available to the extent that the adverse impacts are not otherwise an injury under the Act. The court determined that not all injuries in a sexual offence should automatically be deemed adverse impacts under the regulation. This interpretation was consistent with the literal wording of section 1A, which implies a distinction between injuries and adverse impacts.

In light of this interpretation, the court concluded that the appeal should be dismissed as it did not support the applicant's contention that all injuries from a sexual offence should be considered adverse impacts. The court granted leave to appeal but ultimately dismissed the appeal, affirming the lower court's decision.

Orders

Orders of the court

Application for leave to appeal granted. Appeal dismissed.

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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