KSV v RWB

[2007] QDC 233

DISTRICT COURT OF QUEENSLAND

CITATION:

KSV v RWB [2007] QDC 233

PARTIES:

KSV
Applicant

v

RWB
Respondent

FILE NO/S:

59/2007

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court Beenleigh

DELIVERED ON:

10 October 2007

DELIVERED AT:

Beenleigh

HEARING DATE:

31 July 2007

JUDGE:

Dearden DCJ

ORDER:

The respondent, RWB, pay the applicant, KSV, the sum of $25,000 and costs to be assessed on a standard basis

CATCHWORDS:

Application – Criminal Compensation – Indecent Dealing – Mental or Nervous Shock

LEGISLATION:

Criminal Code (Qld) ss 663A, 663AA, 663B, 663B(1), 663B(2), 663BA

Criminal Code and Justices Act Amendment Act 1975 (Qld)

s 5

Criminal Offence Victims Act 1995 (Qld) s 46(2)

CASES:

W v W [2003] QDC 435

R v Jones; ex parte McClintock [1996] 1 Qd R 524

R v Boughton; ex parte Holt (unreported) District Court, Helman DCJ – No 124/1993 – 13 August 1993

COUNSEL:

Ms M Poriz (solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Lee Lawyers for the applicant

No appearance for the respondent

Introduction

1. The applicant, KSV, was the complainant in respect of five counts of indecent dealing with a child under 16 years, who was under 14 years, to which counts the respondent, RWB, pleaded guilty before me at the Southport District Court on 24 March 2006. In respect of those five counts, the respondent was sentenced to five years imprisonment with an eligibility for post prison community based release after two years.

Facts

1. The applicant, KSV, was born on 14 October 1977.  The five counts which are the subject of this application occurred on dates unknown between 14 January 1981 (when the applicant was still four years old) and 31 January 1982 (when the applicant was then five years old).  This applicant was one of eight different complainants against whom the respondent had committed a range of sexual offences over a period between 1957 and 2003.

1. The facts of the relevant offences, as set out in the Schedule of Facts[1], are as follows:

   [1] Exhibit 1 in Sentence Proceedings

Count 11

“The [applicant] was 4 or 5 years old at the time of the offence. The [respondent] was between 44 and 45 years old and is the [applicant’s] uncle by virtue of his son’s marriage to the [applicant’s] mother.

When the [applicant] was 4 years old turning 5 she went with the [respondent] in his vehicle to buy alcohol for a family Sunday dinner in Runaway Bay. The [applicant] was the only other occupant and was seated in the front passenger seat. As they drove away from the house the [respondent] placed his left hand underneath the leg of the [applicant’s] shorts. He then moved his hand between her legs and touched her on the outside of her vagina on the skin. His hand remained on her vagina for about five minutes while they drove to the shop and he fondled the lips of her vagina both inside and out, but did not penetrate the vaginal orifice. He stopped…