JM v PB

[2007] QDC 140

DISTRICT COURT OF QUEENSLAND

CITATION:

JM v PB [2007] QDC 140

PARTIES:

JM (Applicant)

V

PB (Respondent)

FILE NO/S:

BD1261/07

DIVISION:

Civil

PROCEEDING:

Criminal Compensation Application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

4 July 2007

DELIVERED AT:

Brisbane

HEARING DATE:

24 May 2007

JUDGE:

Tutt DCJ

ORDER:

The respondent pay the applicant the sum of $15,000.00 by way of compensation for the injury suffered by her as a result of the offences of which the respondent was convicted and sentenced by this court on 26 April 2005;1.    

The respondent pay the applicant her costs of and incidental to this application to be agreed or assessed on the standard basis under the District Court scale where the amount recovered is less than $50,000.00.2.    

CATCHWORDS:

CRIMINAL COMPENSATION CLAIM PURSUANT TO s 663B of the Criminal Code – Mental or nervous shock – prescribed amount – causation – whether contributing factors.

Criminal Code Act 1899 (Qld) ss 663AA, 663B(2)

Criminal Offences Victims Act 1995 (Qld) s 46(2)

McClintock v Jones [1995] 79A Crim R 238

SAM v SAM [2001] QCA 12

LMW v Nicholls (2004) QDC 118

SAY v AZ: ex parte AG (Qld) [2006] QCA 462

SOLICITORS:

Ms F. Muirhead of LAQ for the applicant

No appearance for the respondent

Introduction:

1. The applicant JM claims compensation for injury sustained by her as a result of two criminal offences of a sexual nature committed against her by the respondent to the application PB.

1. The respondent was convicted by this court at Beenleigh on 26 April 2005 of two counts of unlawfully and indecently dealing with the applicant who was a child under 16 years, then under 12 years, between 1 March 1993 and 1 May 1993 at Brisbane when the applicant was aged 9 years.

1. This application is made on the basis of a “mental or nervous shock” disorder assessed by Dr Barbara Anne McGuire, psychiatrist, in her report of 11 January 2007 and supplementary report of 15 February 2007, which are Exhibit A to her affidavit filed 3 May 2007.  There are no physical injuries to the applicant which form the basis for any claim for compensation before the court.

1. In addition to the affidavit of the said Barbara Ann McGuire, this application is supported by the following material:

(a)       The affidavit with exhibits of the applicant JM sworn 25 April 2007 and filed in this court on 3 May 2007;

(b)      The affidavits with exhibits of Lorraine Penshorn, litigation support officer, sworn 18 April 2007, and 22 May 2007 respectively and filed in this court on 3 May 2007 and by leave on 24 May 2007 respectively.

Relevant legislation:

1. As the offences occurred prior to 18 December 1995, Chapter 65A of the Criminal Code (“the Code”) applies, as if not repealed.[1] 

   [1] Section 46(2) Criminal Offences Victims Act 1995.

1. In assessing the appropriate sum for compensation to which the applicant may be entitled it is necessary to consider the relevant “prescribed amount” which applied at the time when…