Kotevski v. McIlhatton

DISTRICT COURT OF QUEENSLAND

CITATION:

Kotevski v McIhatton [2007] QDC 118

PARTIES:

SLOBODAN KOTEVSKI  (Applicant)

V

ADAM MCILHATTON  (Respondent)

FILE NO/S:

760/07

DIVISION:

Civil jurisdiction

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

25 June 2007

DELIVERED AT:

Brisbane

HEARING DATE:

2 May 2007

JUDGE:

Tutt DCJ

ORDER:

The respondent pay the applicant the sum of $51,750.00 by way of compensation for injury caused by the respondent to the applicant for which the respondent was convicted by the District Court at Beenleigh on 19 June 2006.

CATCHWORDS:

CRIMINAL COMPENSATION – grievous bodily harm – where respondent assaulted applicant with a baseball bat – where applicant suffered multiple skull and facial fractures – where applicant diagnosed with post-traumatic stress disorder. 

Criminal Offence Victims Act 1995 s 24.

Ferguson v Kazakoff [2000] QSC 156.

COUNSEL:

Mr A. Maher for the applicant.

No appearance for the respondent.   

SOLICITORS:

Trilby Misso Lawyers for the applicant.

Introduction:

1. The applicant, Slobodan Kotevski claims compensation under Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) for bodily injury he sustained arising out of the criminal conduct of the respondent, Adam McIhatton, who was convicted by the District Court at Beenleigh for the offence of grievous bodily harm to the applicant on 19 June 2006.

1. The respondent, although being served with the application and supporting documents, made no appearance at the hearing. 

1. The application for compensation is made pursuant to s 24 of the Act and is supported by the following material:-

(a)         the affidavit with exhibits of the applicant sworn 15 March 2007 and filed in this court on 19 March 2007;

(b)          the affidavits with exhibits of Amy Sue Marr, Solicitor, sworn 31 January 2007 and 1 May 2007 and  filed in this court on 19 March 2007 and by leave on 2 May 2007 respectively;

(c)          the affidavit with exhibit of Dr Barbara McGuire, Psychiatrist, sworn 24 November 2006 and filed in this court on 19 March 2007;

(d)          the affidavit with exhibit of Dr Scott Campbell, Neurosurgeon, sworn 30 January 2007 and filed in this court on19 March 2007;

(e)          the affidavit with exhibit of Professor Frank Monsour, Oral and Maxillofacial Surgeon sworn 30 November 2006 and filed in this court on 19 March 2007; and

(f)           the affidavit of Robert Brian Lyndon, Licensed Commercial Agent, sworn 23 April 2007 and filed in this court by leave on 2 May 2007.

Facts:

1. The circumstances of the offence were that the respondent and the applicant’s daughter were in a relationship and on 21 November 2004 the respondent and the applicant’s daughter drove to the applicant’s house.  The applicant’s daughter proceeded inside the house while the respondent remained in his car which was parked across the applicant’s driveway. 

1. The applicant was aware that the respondent was outside and approached the respondent in his car.  Words were exchanged between the two men and respondent got out of his car and confronted the applicant, before returning to…