KLW v ACH

[2001] QDC 306

DISTRICT COURT OF QUEENSLAND

CITATION:

KLW v ACH [2001] QDC 306

PARTIES:

K L W  (Applicant)
And
A C H  (Respondent)

FILE NO/S:

D443/01

DIVISION:

Chambers

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court

DELIVERED ON:

6^th December 2001

DELIVERED AT:

Maroochydore

HEARING DATE:

26^th November 2001

JUDGE:

Judge J.M. Robertson

ORDER:

Respondent to pay to the applicant by way of compensation the sum of $9,750.

CATCHWORDS:

CRIMINAL LAW – Compensation – application for criminal compensation – assessment where two direct causes of psychological injury, one compensable and one non-compensable – application of common law in assessing causation under the Act

Cases cited:
JI v AV [2001] QCA 510
SAM v. SAM [2000] QDC 312
Prendergast v. Millar (unreported judgment of Samios DCJ, D2292/2000, 12.7.00)
R v. Tiltman; ex parte Dawe (Motion No. 324 of 1995, unreported judgment of the Supreme Court, 22.6.95)
D v. Ward [2000] QCA 493

Statutes considered:
Criminal Offence Victims Act 1995, s.24
Criminal Code, s.663B

COUNSEL:

N.V. Stubbins (for the applicant)
No appearance for the respondent

SOLICITORS:

McColm Matsinger Lawyers (for the applicant)

1. The applicant seeks compensation pursuant to s.24 of the Criminal Offence Victims Act 1995 (the Act).

1. The respondent was convicted in this court on the 10^th November 1999 of two indictable offences committed against the person of the applicant namely indecently dealing with a child under 16 years, and unlawful assault. Both offences occurred on the 16^th October 1998. He was sentenced by His Honour Judge Robin to concurrent terms of imprisonment wholly suspended.

1. Both offences occurred during one course of unlawful conduct by the respondent. The applicant was 15 at the time. She knew the respondent’s wife and had agreed to babysit the respondent’s 10 month old daughter while he took his wife shopping. When the respondent returned home the respondent kissed her on the face and stomach and attempted to touch her vagina by attempting to push his hand up under her shorts. She resisted strenuously, and when he attempted to touch her breast she kicked him in the thigh which caused him to desist. The second count occurred when he grabbed her left arm and attempted to stop her leaving after the indecent dealing.

1. On the 20^th October 1998, the applicant was examined by a general practitioner who noted a slightly tender area with mild bruising on her left arm. I am satisfied this is as a result of the assault. She is entitled to 1% of the scheme maximum under Item 1 of the Compensation Table which is $750.

1. The applicant has suffered a mental or nervous injury as a result of the offences.

1. At the time of sentencing, Judge Robin was informed by the prosecutor that the applicant was “extremely shaken and distressed but (sic.) what had occurred. Initially she says that she suffered from broken sleep and nightmares. The complainant has not seen any long term effects. However, she has on occasion seen the accused either at her work…