JJM v AWD

[2010] QDC 232

DISTRICT COURT OF QUEENSLAND

CITATION:

JJM v AWD & Anor [2010] QDC 232

PARTIES:

JJM

(Applicant)

AND

AWD

(Respondent)

And

Another

(Respondent)

FILE NO/S:

275/10

DIVISION:

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

07 May 2010

DELIVERED AT:

Brisbane

HEARING DATE:

06 May 2010

JUDGE:

Reid DCJ

ORDER:

1.   The applicant be entitled to a sum of $45,000 being 60 per cent of the scheme maximum from the respondent.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT –ORDERS FOR CRIMINAL COMPENSATION – CRIMINAL OFFENCE VICTIMS ACT- where applicant victim of a sexual assault – whether applicant separately entitled to criminal compensation for “adverse impacts” – whether applicant contributed directly or indirectly to injury – where applicant suffered loss of education after consequent willed acts

Criminal Offence Victims Act 1995, s 20, s 25,

Criminal Offence Victims Regulation 1995, r 1A

RMC v NAC [2009] QSC 149 – followed

SLM v SKF  [2010] QDC 229 – cited

COUNSEL:

D. Kozaric (solicitor) for the applicant

No Appearance for the respondent

SOLICITORS:

Hodgson & Associates, A. P.  for applicant

No Appearance for the respondent

Introduction 

1. This is an application for criminal compensation arising out of the respondents’ convictions from maintaining a sexual relationship with the applicant over the period from 1/12/2002 to 22/4/2004.  The applicant is now 18, having been born on the 13th of December 1981.  He was therefore not quite 11 when the relationships commenced and was 13 when they ceased in April 2004.  Both respondents were convicted on their own pleas before His Honour Judge Wylie on the 5th of August 2005.

1. They were each sentenced to lengthy periods of imprisonment.  Because of the applicant's age the period under section 40(1)(b) of the Criminal Offence Victims Acts for bringing proceedings has not yet expired. 

The Facts

1. The plaintiff's childhood was characterised by a physically abusive father but a loving mother who was not however able to prevent her husband from physically abusing the applicant.  As a result he was placed in care from when he was six for a period five years.  After he then turned to his parents these offences occurred. 

1. A report of Dr Klugg says that when he was 11 and visiting a local library, he was approached by the defendants who invited him home on a pretext.  Thus began over two years of regular sexual abuse by two men aged then in their late twenties and early forties.  They effectively treated the applicant, who was only a child, as a male prostitute.  It's unnecessary to go into the abuse in detail.  The sentencing Judge said;

"You have ruined his life and you have warped his thinking. His story is the worst that I have heard or read."

1. The applicant in his affidavit and his victim impact statement tells of the effect of the abuse on him.  I shall refer to the consequences of his psychiatric de-compensation later when referring to a report of Dr Klugg…