Logan v Bee

[2009] QDC 220

DISTRICT COURT OF QUEENSLAND

CITATION:

Logan v Bee [2009] QDC 220

PARTIES:

John Charles Logan

(Applicant)

v

Vena Dawn Bee

(Respondent)

FILE NO/S:

66/2009

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

19 June 2009

DELIVERED AT:

Beenleigh

HEARING DATE:

15 June 2009

JUDGE:

Dearden DCJ

ORDER:

The respondent Vena Dawn Bee pay the applicant John Charles Logan the sum of $41,250.00

CATCHWORDS:

Application – Criminal Compensation – grievous bodily harm – stabbing – scarring – mental or nervous shock.

CASES:

R v Ward; ex parte Dooley  [2001] 2 Qd R 436

Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337

Wren v Gaulai [2008] QCA 148

LEGISLATION:

Criminal Offence Victims Act (Qld) 1995 ss 22(4), 24, 25, 26

COUNSEL:

Mr A Kimmins for the Applicant.

No appearance for the Respondent.

SOLICITORS:

Campbell and White Lawyers for the Applicant.

No appearance for the Respondent.

Introduction

1. The applicant John Charles Logan seeks compensation in respect of injuries suffered by him in an incident which occurred on or about 26 January 2006 at Mareeba, Queensland. This incident resulted in the respondent Vena Dawn Bee pleading guilty to one count of grievous bodily harm at the Mt Isa District Court before me on 27 July 2007. The respondent was sentenced to three years imprisonment with a parole release date of 26 January 2008 (six months after sentence).

Facts

1. The respondent and the applicant were at the time of the offence (26 January 2006) residing together in Mareeba in a de facto relationship. The respondent had been drinking upstairs. There was an argument resulting from an unwanted request for sex by the applicant. The request for sex was refused because the respondent was tired and wanted to go to sleep. There was a repeat of that request on at least one other occasion. The applicant then began swearing at the respondent and then suggested that he would have intercourse with someone else. The respondent had a sad and tragic history of having been the victim of sexual abuse. The discussion then escalated into the argument which resulted in the respondent going and obtaining the knife used in the stabbing. The respondent pulled out a knife after the applicant had words with her. The respondent swung the knife and cut the applicant under the ear which caused a small wound. After that first cut, the applicant said words to the effect, “If you are going to stab make it a good job”. The applicant lay down and the respondent then stabbed the applicant in the chest and the left upper leg.

1. The knife used was some 33 cms long and had no handle. The knife penetrated into the applicant’s chest and passed in and out of his heart. When police were first called, the applicant told them an untruthful story that some unknown male had stabbed him. It was only after police returned without success the applicant indicated the true story (ie that the respondent had stabbed him).…