LKS v RBK - [2011] QDC 233

DISTRICT COURT OF QUEENSLAND

CITATION:

LKS v RBK [2011] QDC 233

PARTIES:

LKS (Litigation Guardian) on behalf of BJS
(Applicant)

v

RBK
(Respondent)

FILE NO:

2/2010

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

2 September, 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

19 August 2011

JUDGE:

Dearden DCJ

ORDER:

1.    That the respondent, RBK pay the applicant LKS on behalf of BJS the sum of $13,500.

2.    That the monies are to be paid to the Public Trustee of Queensland who is authorised to receive and hold such monies of BJS until she attains the age of 18 years.

3.    That the Public Trustee of Queensland is further authorised to advance monies from time to time as is appropriate for the maintenance, education or treatment (including counselling) of BJS.

4.    That the Public Trustee of Queensland is authorised to pay out of such monies received the reasonable costs in respect of the present application to Legal Aid Queensland.

CATCHWORDS:

Application – criminal compensation – armed robbery – mental or nervous shock – causation

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss.24, 25(7) and 40(1)

Victims of Crime Assistance Act 2009 (Qld) ss. 154 and 155

CASES:

Boyd-Bush v Braden [2010] QDC 348

Lee v Fisher & Ors [2010] QDC 367

Laning v C-K (Martin SC DCJ, Dist Ct No. 3795/09, 20 August 2010)

Paterson v Chand & Chand [2008] QDC 214

SAY v AZ; ex parte Attorney General (Qld) [2006] QCA 462

COUNSEL:

Ms J Fadden (solicitor) for the applicant

The respondent appeared in person

SOLICITORS:

Legal Aid Queensland, solicitors for the applicant

The respondent appeared in person

Introduction

The respondent RBK pleaded guilty in the Children’s Court, Queensland at Beenleigh on 27 August 2009 to one count of armed robbery in respect of the complainant, BJS.

On 27 October 2009 the respondent was the subject of an order for an indefinite referral to a Youth Justice Conference and no conviction was recorded.[1]
[1]Exhibit A, Affidavit of Mandy Albert affirmed 5 April 2011.

Facts

On 12 November 2008, when the complainant was fourteen years old, she left her home at approximately 4.00 pm to walk to the local library at 35 Chambers Flat Road, Marsden. After the complainant had walked five minutes down the road and turned down the bike path, a boy came up to the complainant and asked her for money. The complainant replied that she did not have any money. The boy asked her a further two times for the money. The boy asked the complainant to show him the inside of her bag. The complainant showed the boy the inside of her bag which contained a mobile phone that the complainant had for emergencies. The boy asked the complainant to give him the phone. The complainant said “no”. The boy showed the complainant a knife and the complainant said “no” a couple of more times. The boy replied “I am not joking, give me the phone”. The complainant says that before she…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading LKS v RBK

Details

AGLC: LKS v RBK [2011] QDC 233
Case: [2011] QDC 233
Decision Date: 2 September, 2011

CaseChat Overview and Summary

The case of LKS v RBK involved an application for criminal injury compensation, specifically for a victim of an armed robbery. The applicant, LKS, sought compensation for the injuries and trauma suffered by her daughter, BJS, who was a minor at the time of the incident. The respondent, RBK, was the perpetrator of the armed robbery and was subsequently convicted and sentenced. The matter was heard in the District Court of Queensland.

The primary legal issues before the court were whether the applicant could claim compensation for the mental or nervous shock experienced by her daughter as a result of the crime, and whether the respondent's actions were the direct cause of the daughter's injury. The court had to determine the appropriate quantum of compensation, including costs for the daughter's maintenance, education, treatment, and legal expenses.

The court found that the applicant was entitled to claim compensation for the mental or nervous shock suffered by her daughter as a result of the armed robbery. The court held that the respondent's actions were the direct cause of the daughter's injury, and that the compensation should reflect the long-term impact of the trauma. The court ordered that the respondent pay $13,500 to the applicant on behalf of the daughter, with the funds to be held by the Public Trustee of Queensland until the daughter reaches the age of 18. The court further authorised the Public Trustee to advance funds for the daughter's maintenance, education, treatment, and legal expenses.

Orders

Orders of the court

1. That the respondent, RBK pay the applicant LKS on behalf of BJS the sum of $13,500.

2. That the monies are to be paid to the Public Trustee of Queensland who is authorised to receive and hold such monies of BJS until she attains the age of 18 years.

3. That the Public Trustee of Queensland is further authorised to advance monies from time to time as is appropriate for the maintenance, education or treatment (including counselling) of BJS.

4. That the Public Trustee of Queensland is authorised to pay out of such monies received the reasonable costs in respect of the present application to Legal Aid Queensland.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	LKS v RBK [2011] QDC 233
PARTIES:	LKS (Litigation Guardian) on behalf of BJS (Applicant) v RBK (Respondent)
FILE NO:	2/2010
DIVISION:	Civil
PROCEEDING:	Application for Criminal Compensation
ORIGINATING COURT:	Beenleigh
DELIVERED ON:	2 September, 2011
DELIVERED AT:	Beenleigh
HEARING DATE:	19 August 2011
JUDGE:	Dearden DCJ
ORDER:	1. That the respondent, RBK pay the applicant LKS on behalf of BJS the sum of $13,500. 2. That the monies are to be paid to the Public Trustee of Queensland who is authorised to receive and hold such monies of BJS until she attains the age of 18 years. 3. That the Public Trustee of Queensland is further authorised to advance monies from time to time as is appropriate for the maintenance, education or treatment (including counselling) of BJS. 4. That the Public Trustee of Queensland is authorised to pay out of such monies received the reasonable costs in respect of the present application to Legal Aid Queensland.
CATCHWORDS:	Application – criminal compensation – armed robbery – mental or nervous shock – causation
LEGISLATION:	Criminal Offence Victims Act 1995 (Qld) ss.24, 25(7) and 40(1) Victims of Crime Assistance Act 2009 (Qld) ss. 154 and 155
CASES:	Boyd-Bush v Braden [2010] QDC 348 Lee v Fisher & Ors [2010] QDC 367 Laning v C-K (Martin SC DCJ, Dist Ct No. 3795/09, 20 August 2010) Paterson v Chand & Chand [2008] QDC 214 SAY v AZ; ex parte Attorney General (Qld) [2006] QCA 462
COUNSEL:	Ms J Fadden (solicitor) for the applicant The respondent appeared in person
SOLICITORS:	Legal Aid Queensland, solicitors for the applicant The respondent appeared in person