JMB v Ronkovich

[2009] QDC 389

DISTRICT COURT OF QUEENSLAND

CITATION:

JMB v Ronkovich [2009] QDC 389

PARTIES:

JMB

(Applicant)

v

BRENDAN PETER RONKOVICH

(Respondent)

FILE NO/S:

3105/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

27 November 2009

DELIVERED AT:

Brisbane

HEARING DATE:

25 November 2009

JUDGE:

Rafter SC DCJ

ORDER:

The respondent pay to the applicant the sum of $42,750 by way of compensation pursuant to s.24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of grievous bodily harm and sexual assault which led to the conviction of the respondent in the District Court at Brisbane on 7 February 2007

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – grievous bodily harm and sexual assault – physical injuries and mental or nervous shock.

COUNSEL:

D P A Davies for the applicant

No appearance by or for the respondent

SOLICITORS:

McInnes Wilson Lawyers for the applicant

No appearance by or for the respondent

Introduction

1. The applicant seeks compensation pursuant to s.24 Criminal Offence Victims Act 1995 for physical and emotional injuries caused by the respondent on 5 August 2004.

1. On 7 February 2007 the respondent pleaded guilty to grievous bodily harm and sexual assault.  He was sentenced to three-and-a-half years imprisonment with a parole eligibility date on 6 December 2007.  There was a period of 139 days pre-sentence custody that was taken into account but could not declared as imprisonment served under the sentence. 

1. On 8 June 2007 the Court of Appeal allowed the respondent’s appeal against sentence.  The court varied the sentence in respect of Count 1, the offence of grievous bodily harm by ordering that the sentence of three-and-a-half years imprisonment be suspended after 10 months for an operational period of four years.  In respect of Count 2, the offence of sexual assault, the court substituted a sentence of 10 months imprisonment and two years probation.[1]

   [1] See R v Ronkovich [2007] QCA 193

1. On 6 November 2009 the application and supporting affidavits were served upon the respondent. 

Circumstances of the offences

1. On the evening of 4 August 2004 the applicant met the respondent at the Alexandra Hills Hotel while playing pool with friends.  She had not previously met the respondent.  The respondent invited her back to his residence to “smoke some pot”.  Soon after arriving at the respondent’s residence the applicant took a puff of the “pot”.  She noticed that the taste was unusual and began to panic.  She requested that the respondent drive her back to the hotel. 

1. The respondent commenced driving the applicant back to the hotel but turned off in a different direction towards bushland.  The applicant attempted to telephone a friend at the hotel.  The respondent grabbed the telephone from her and threw it down.  He then punched the applicant repeatedly in the face.  At some stage the respondent directed the applicant to remove her pants which she did because she was scared.  The respondent fondled her vagina.  The applicant lost consciousness.

1. When the applicant regained consciousness she was…