JS v Graveur

[2012] QCA 196

SUPREME COURT OF QUEENSLAND

CITATION:

JS v Graveur [2012] QCA 196

PARTIES:

JT as litigation guardian for JS
(applicant)
v
EDWARD FRANCIS GRAVEUR
(respondent)
ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND
(amicus curiae)

FILE NO/S:

Appeal No 275 of 2012
DC No 324 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Application – Civil

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

24 July 2012

DELIVERED AT:

Brisbane

HEARING DATE:

19 June 2012

JUDGES:

Muir, Fraser and Gotterson JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Leave to appeal be granted.1.   

The appeal be allowed.2.   

The order made herein on 13 December 2011 be varied by substituting $75,000 for $25,500 in paragraph 1.3.   

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – QUEENSLAND – AMOUNT AND CONDUCT AFFECTING – where respondent convicted of maintaining a sexual relationship with applicant – where applicant applied for criminal compensation – where offending conduct was in excess of two and a half years and commenced when applicant was five – where primary judge found “one could not imagine a case involving worse abuse” – where primary judge found psychiatric report to be lacking in its differentiation between diagnosed psychiatric condition and alleged adverse impacts – where primary judge requested further psychiatric report – where such report was produced – where primary judge ordered respondent to pay $25,500 compensation – where this amount was the maximum allowable for mental or nervous shock – whether the primary judge erred in failing to award compensation for adverse impacts – whether primary judge erred in finding psychiatric report should have addressed whether adverse impacts were outside the term “mental or nervous shock” – whether compensation manifestly inadequate

Criminal Offence Victims Act 1995 (Qld), s 20, s 22, s 24, Sch 1
Criminal Offence Victims Regulation 1995 (Qld), s 1A

AT v FG[2004] QCA 295, cited
MAV v ABA [2008] 1 Qd R 171; [2007] QCA 124, cited
PAJ v AAK[2010] QCA 78, cited
R v Kazakoff, ex parte Ferguson [2001] 2 Qd R 320; [2000] QSC 156, considered
R v Tiltman; ex parte Dawe [1995] QSC 345, cited
RMC v NAC [2010] 1 Qd R 395; [2009] QSC 149, considered
VH v CBE [2007] 2 Qd R 393; [2006] QCA 561, considered

COUNSEL:

Y Chekirova (pro bono) for the applicant
No appearance for the respondent
M D Hinson SC for the Attorney General as amicus curiae

SOLICITORS:

Given Law from the applicant
No appearance for the respondent
Crown Solicitor for the Attorney-General as amicus curiae

1. MUIR JA: Introduction The applicant applied for criminal compensation under s 24 of the Criminal Offence Victims Act 1995 (“the Act”) in respect of injury suffered by him in consequence of the offence of maintaining a sexual relationship with the applicant committed by the respondent. The offending period of in excess of two and a half years commenced when the appellant was five.…