Knight v Bierton

[2010] QDC 312

DISTRICT COURT OF QUEENSLAND

 CITATION:

Knight v Bierton  [2010] QDC 312

 PARTIES:

LUKE SHANE KNIGHT

(Applicant)

v

GUY JOHNATHON BIERTON

(Respondent)

 FILE NO/S:

38/2010

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

23 April 2010

DELIVERED AT:

Beenleigh

HEARING DATE:

23 April 2010

JUDGE:

Dearden DCJ

ORDER:

Order that the respondent, Guy Johnathon Bierton, pay the applicant, Luke Shane Knight, the sum of $67,500.

CATCHWORDS:

APPLICATION – criminal compensation – grievous bodily harm – facial disfigurement or bodily scarring – loss of vision – mental or nervous shock.

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld)

Victims of Crime Assistance Act 2009 (Qld)

CASES:

Kennedy v. Faafew [2010] QDC 21

Paterson v Chand & Chand [2008] QDC 214

COUNSEL:

S.M. Isaac for the applicant

No appearance for the respondent

SOLICITORS:

Bennett Carroll Solicitors for the applicant

No appearance for the respondent

HIS HONOUR:  The applicant, Luke Shane Knight, seeks compensation arising out of an incident which occurred at the Greenbank RSL, Hillcrest, on 16 December 2007.

The respondent, Guy Johnathon Bierton, pleaded guilty before me at the Beenleigh District Court on 17 December 2008 to one count of grievous bodily harm.

The respondent was sentenced to three years' imprisonment, suspended after serving nine months' imprisonment, with an operative period of three and a-half years.

Facts:

The applicant was a patron at the Greenbank RSL, and was seated with a group of friends at 2.39 a.m. on Sunday 16 December 2007.  The respondent and his father were also present at the Greenbank RSL at the same time, although the respondent and his group were unknown to the applicant and his group.

After an altercation erupted between a third person and a member of the respondent's group, the respondent's father engaged that third person.  The respondent, who was in close proximity, raised his right arm and threw a glass at the third person.  The third person moved out of the path of the glass, and the glass then struck the applicant, who was seated nearby with his group, on his right eye.  The glass shattered, caused lacerations to the applicant's face and eye, and four or five glass fragments lodged in the applicant's eye.

The applicant was taken by ambulance to the Princess Alexandra Hospital, where he underwent immediate surgery to his right eye and the area surrounding the right eye, which had been severely lacerated (see sentence Exhibit 1).

Injuries: 

As a result of the assault, [the applicant] sustained the following injuries: 

• A right penetrating eye injury with prolapsed uveal tissue and total retinal detachment;

• Right lower eyelid avulsion;

• Small laceration involving the left lower eyelid; and

• Left lateral subconjunctival haemorrhage.

[The applicant] was taken to theatre on the 16th of December 2007 where the following procedures were done:

• Removal of glass fragments beneath the right globe;

• Repair of right penetrating eye injury with prolapsed uveal tissue;

• Repair of right lower eyelid avulsion.

The applicant has been left almost blind in his right eye.  Dr Lily Ooi, the…