LAB v RLB

[2008] QDC 24

DISTRICT COURT OF QUEENSLAND

CITATION:

LAB v RLB [2008] QDC 24

PARTIES:

L A B

Applicant

V

R L B

Respondent

FILE NO/S:

46 of  2008

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Southport

DELIVERED ON:

21 February 2008

DELIVERED AT:

District Court, Southport

HEARING DATE:

18 February 2008

JUDGE:

Newton  DCJ

ORDER:

Respondent is to pay criminal compensation to applicant in sum of  $45,250.00.    

CATCHWORDS:

CRIMINAL COMPENSATION – Application pursuant to s24 of Criminal Offence Victims Act 1995 and s663B(1) and s663AA(1) Criminal Code – applicant diagnosed with Asperger’s Syndrome, ADHD and Depressive Mood Disorder – Chronic and moderately severe post traumatic stress disorder. – maintaining unlawful sexual relationship – incest including anal penetration – where no contribution to injuries by applicant – award assessed under both legislative schemes

REPRESENTATIVES:

Mr C.F. Bagley for the applicant instructed by Adamson Bernays Kyle and Jones Solicitors

1. This application for criminal compensation is made pursuant to section 663B(1) of the Criminal Code and section 24 of the Criminal Offence Victims Act 1995.

1. The respondent to the application, R L B, was convicted on 29 September 2006 in the Southport District Court upon his pleas of guilty to one offence of maintaining an unlawful sexual relationship and eight offences of incest.  The complainant in all counts was the applicant, L A B.

1. All relevant material has been served upon the respondent who has indicated that he does not desire to take any part in these proceedings.

1. The applicant was born on 24 December 1982.  At the age of two years and ten months she was adopted by the respondent and his wife. 

1. During the period 1 January 1991 to 31 October 1998 the respondent indecently dealt with and had sexual intercourse with the applicant.  From the time she started primary school the applicant was kissed on the mouth by the respondent who used his tongue in the kissing.  From the time the applicant was in Year 11 the respondent touched her breasts and masturbated himself in her presence whilst kissing and touching her.  The respondent had sexual intercourse with the applicant whilst she was still under the age of 16.  Acts of incest took place from when the applicant was 14 years until 2004 (when she was 21).  The offences were committed over a 14 year period.  The applicant was described by the prosecutor as a “special needs child”.  At the time of her adoption the applicant had been diagnosed with Attention Deficit Hyperactivity Disorder and later, with Asperger’s Syndrome.  She had been born with a cleft palate and had suffered from dietary, behavioural and eye problems.

1. The sentencing judge described the respondent’s conduct towards his adopted daughter as relentless, cruel and exploitative.  The sentence reflected the very serious nature of the offences (which included anal penetration).  The respondent was sentenced to imprisonment for ten years and a declaration was made that he had been convicted of committing a serious violent offence, thus not becoming eligible for parole until he had…