Johanssen v Burke

[1998] QCA 191

COURT OF APPEAL	[1998] QCA 191
McPHERSON JA DEMACK J HELMAN J

CA No 3521 of 1998
RUTH YVONNE JOHANSSEN Appellant/Applicant
and

DARCY ROBERT BURKE Respondent/Respondent

BRISBANE
..DATE 15/06/98
150698 T13/TW12 M/T COA140/98
McPHERSON JA: This is an application for leave to appeal
from a judgment in the District Court awarding criminal
compensation for injuries arising out of two offences, but
in particular, the offence of rape.

It has been put to us by Mr Kimmins on behalf of the complainant, who is the applicant for leave, that Judge Boulton in the Court below adopted an interpretation of the compensation provision in the Criminal Code which is at odds with a decision of the Chief Justice, as he is now, in the case of Sarah Jane Harris (No 315 of 1995, 18 September 1995).

I think it is not necessary to go further than to say that
there appear to be some decisions that take a different view
of the way in which that section in the Code should be
construed, and the District Court Judges have been faced
with the difficulty of choosing between those decisions and
that of the Chief Justice.

In the circumstances I have come to the conclusion that the case is one in which it would be appropriate to have the Court of Appeal rule on the matter for the future guidance of courts faced with this problem, as they are in an increasingly large number of instances.

I would therefore grant leave to appeal.

DEMACK J: I agree.

2

HELMAN J: I agree.

150698 T13/TW12 M/T COA140/98
McPHERSON JA: The order is that leave to appeal is granted
and that the costs of and incidental to this application

will form part of the costs of the appeal.

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