Lea v Dalton

[2006] QDC 28

DISTRICT COURT OF QUEENSLAND

CITATION:

Lea v Dalton [2006] QDC 028

PARTIES:

OLIVE BEATRICE LEA

(Applicant)
v
TONY RICHARD DALTON
(Respondent)

FILE NO/S:

D12 of 2004

DIVISION:

Civil Jurisdiction

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Kingaroy

DELIVERED ON:

24 February 2006

DELIVERED AT:

Brisbane

HEARING DATE:

1 June 2005, with supplementary submissions filed 18 October 2005.

JUDGE:

Tutt DCJ

ORDER:

That the respondent pay to the applicant the sum of $12,750.00 by way of compensation for injuries caused by the respondent to the applicant for which the respondent was convicted by the District Court at Kingaroy on 4 November 2002.

CATCHWORDS:

Criminal compensation – assault occasioning bodily harm – including bruising and lacerations – compensation Schedule 1 – mental or nervous shock.

Criminal Offence Victims Act 1995 ss. 24, 25(6) and (7) and 31.

Ferguson v Kazakoff [2000] QSC 156.

LMW v Nicholls [2004] QDC 118.

Speechley v Baynes [2004] QDC 408 (unreported judgment of 17 September 2004)

SAM v SAM [2001] QCA 12.

COUNSEL:

Mr S Lynch for the applicant.

No appearance for the respondent.

SOLICITORS:

Michael Mason Solicitor for the applicant.

No appearance for the respondent.

Introduction

1. The applicant, Olive Beatrice Lea, claims compensation under Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) for alleged bodily injury she sustained arising out of the criminal conduct of the respondent, Tony Richard Dalton, who was convicted by the District Court at Kingaroy on 4 November 2002 for unlawfully assault occasioning bodily harm to the applicant on or about 13 April 2002. The respondent although being served with the application 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 12 August 2004 and filed at Kingaroy on 16 August 2004;

(b)        the affidavit with exhibits of Michael Mason, solicitor sworn 13 August 2004 and filed at Kingaroy on 16 August 2004; and

(c)        two affidavits with exhibits of Manuela Habicht sworn 28 July 2004 and filed at Kingaroy on 16 August 2004 and sworn 21 June 2005 and filed at Beenleigh on 7 July 2005 respectively.

Facts

1. The applicant swears that she was the victim of an assault by the respondent who was her then de facto husband the circumstances of which are summarised in his Honour Judge Hall’s sentencing remarks being Exhibit “MM1” to the affidavit of Michael Mason.  The applicant and the respondent appeared to have had an argument the night before the assault after which the applicant had been asked by the respondent to leave the home they shared together which she did.  The incident occurred the next day when the applicant had returned to her then accommodation after drinking at a party where she and the respondent were guests.  After going to sleep the applicant was awakened by the respondent who was intoxicated.  He demanded that she return home with him then.…