JMR obo SRR v Hornsby

DISTRICT COURT OF QUEENSLAND

CITATION:	JMR obo SRR v Hornsby [2009] QDC 147
PARTIES:	JMR (LITIGATION GUARDIAN) on behalf of SRR (applicant) v PAUL WILLIAM HORNSBY (respondent)
FILE NO/S:	4/09
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING
COURT:	Kingaroy
DELIVERED ON:	5 June 2009
DELIVERED AT:	Beenleigh
HEARING DATE:	1 June 2009
JUDGE:	Dearden DCJ
ORDER:	1. That the respondent Paul William Hornsby pay the applicant JMR on behalf of SRR the sum of $26,500.
judgment awarded be paid over to JMR as trustee for
2. That any monies that are paid in relation to the of this application to the solicitors for the applicant, Kelly Frecklington, Solicitors of 44 King Street, Kingaroy, Queensland 4610, a bill in taxable form being sufficient in relation to the amount of taxed costs payable under this order for the purposes of JMR paying out such amount.
3. That JMR pay the medical expenses of the psychologist Dr Kirsten Hunter in providing her report in relation to this matter on presentation to JMR of a tax invoice.
4. That JMR be appointed manager of and to take possession of and control and manage the residue of the said judgment sum of the applicant with powers and duties as defined in the Public Trustee Act 1978 until SRR turns 18 on 15 November 2014, and that JMR apply the same and the income in such manner as JMR thinks fit for the maintenance, education, medical treatment and counselling and otherwise for the benefit of SRR.
CATCHWORDS:	Application – criminal compensation – rape – mental or nervous shock – adverse impacts
LEGISLATION:	Criminal Offence Victims Act (Qld) 1995 ss 20, 22(4), 24, 25, 26
CASES:	R v Ward; ex parte Dooley [2001] 2 Qd R 436 Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337 R v Attwell; ex parte Jullie [2002] 2 Qd R 367 Wren v Gaulai [2008] QCA 148 R v Kazakoff; ex parte Ferguson [2001] 2 Qd R 320 Griven v Yeatman [2001] QDC 213 Livingstone v Yeatman [2001] QDC 216 RKL v Laycock [2007] QDC 348
COUNSEL:	Mr S A Lynch for the applicant No appearance for the respondent
SOLICITORS:	Kelly Frecklington Solicitors for the applicant No appearance for the respondent

Introduction

1. The respondent, Paul William Hornsby, pleaded guilty in the District Court, Kingaroy before me on 22 March 2007 to two counts of rape in respect of the complainant SRR. The respondent was sentenced to two years and eight months imprisonment suspended after serving eight months, with an operational period of three years.

Facts

1. These proceedings are brought by the applicant, JMR as litigation guardian for the complainant, who is a child. The complainant was born on 15 November 1996.

2. The following facts relate to Count 2 on the indictment. In June 2006, the Kumbia SES Service hosted an event involving trail bike riding at Kumbia. The complainant and her parents attended that event. Both the complainant’s parents as well as the respondent were involved…