Mag v Jac - [2012] QDC 112

DISTRICT COURT OF QUEENSLAND

CITATION:

MAG v JAC [2012] QDC 112

PARTIES:

MAG

(Applicant)

v

JAC

(Respondent)

FILE NO/S:

8/2009

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

25 May, 2012

DELIVERED AT:

Beenleigh

HEARING DATE:

16 February 2012

JUDGE:

Dearden DCJ

ORDER:

That the respondent JAC pay the applicant MAG the sum of $75,000.

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – Queensland – General – assault occasioning bodily harm – bruising and laceration – rape – indecent treatment of a child under 16 under care – assault occasioning bodily harm – unlawful wounding – maintaining a sexual relationship – mental or nervous shock – adverse impacts

LEGISLATION

Criminal Offence Victims Act 1995 (Qld)

Victims of Crime Assistance Act 2009 (Qld)

Uniform Civil Procedure Rules (Qld), r 389(2)

CASES

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

MAV v OBA [2007] QCA 124

Tyler v Custom Credit Corp Ltd and Ors [2000] QCA 178

JMR obo SRR v Hornsby [2009] QDC 147

COUNSEL:

F Muirhead (solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

No appearance for the respondent

Introduction

The respondent, JAC, pleaded guilty in the Beenleigh District Court on 11 January 2007 to three counts of indecent treatment of a child under 16 under care; 15 counts of rape; four counts of assault occasioning bodily harm; three counts of assault occasioning bodily harm while armed; one count of unlawful wounding and one count of maintaining a sexual relationship with a child under 16; all in respect of the applicant MAG. The respondent was sentenced to a range of concurrent penalties, with an effective head sentence (attached to the charges of rape and maintaining a sexual relationship with a child under 16) fixed at 14 years imprisonment.[1]
[1]Exhibit A (certificate of indictment) PP1-2 Affidavit of Melissa Lo affirmed 30 November 2011.

Facts

The respondent was the applicant’s uncle. When she was aged between 13 and 15, and residing with her father, her younger sister and the respondent, she was the victim of 18 particularised sexual incidents and nine further counts involving serious physical violence upon her. The sexual acts committed against her included acts of indecent dealing, penile, vaginal and oral rape. The assault offences included a protracted assault when the applicant was thrown and kicked against walls, her hair was pulled, and her head was smashed into a wall causing a hole in the plaster (count 20). On a subsequent occasion the respondent assaulted the applicant, grabbing her hair, throwing her on the lounge and beating her causing scratches and bruises (count 22). The applicant was then repeatedly hit over the head with a beer bottle and burnt with a lit cigarette (counts 23 and 24). The applicant on another occasion was punched in the face, held down by the throat and the respondent attempted to set her hair alight, leaving bruises and markings on her face (count 26).

On a further occasion,…

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 Mag v Jac

Details

AGLC: MAG v JAC [2012] QDC 112
Case: [2012] QDC 112
Decision Date: 25 May, 2012

CaseChat Overview and Summary

The case before the court involved a dispute between MAG and JAC, where MAG sought compensation for injuries and trauma resulting from a series of assaults and a sexual relationship that occurred when MAG was a minor under JAC's care. The court was asked to consider whether JAC's actions constituted criminal injuries warranting compensation under Queensland law.

The legal issues the court had to address included whether JAC's assault occasioning bodily harm, unlawful wounding, and maintaining a sexual relationship with MAG, who was under 16 years of age at the time, warranted compensation. Additionally, the court considered whether MAG's claim for mental or nervous shock and adverse impacts resulting from these events were substantiated and compensable under the relevant legislation.

The court found that JAC's actions were indeed criminal in nature, causing significant bodily harm and mental distress to MAG. The court concluded that JAC's unlawful wounding, maintaining a sexual relationship with a minor, and the resulting adverse impacts on MAG's mental health and well-being were sufficient grounds for compensation. The court awarded MAG the sum of $75,000 in recognition of the physical injuries, emotional trauma, and other adverse impacts suffered.

Orders

Orders of the court

That the respondent JAC pay the applicant MAG the sum of $75,000.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	MAG v JAC [2012] QDC 112
PARTIES:	MAG (Applicant) v JAC (Respondent)
FILE NO/S:	8/2009
DIVISION:	Civil
PROCEEDING:	Application
ORIGINATING COURT:	District Court, Beenleigh
DELIVERED ON:	25 May, 2012
DELIVERED AT:	Beenleigh
HEARING DATE:	16 February 2012
JUDGE:	Dearden DCJ
ORDER:	That the respondent JAC pay the applicant MAG the sum of $75,000.
CATCHWORDS:	CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – Queensland – General – assault occasioning bodily harm – bruising and laceration – rape – indecent treatment of a child under 16 under care – assault occasioning bodily harm – unlawful wounding – maintaining a sexual relationship – mental or nervous shock – adverse impacts
LEGISLATION	Criminal Offence Victims Act 1995 (Qld) Victims of Crime Assistance Act 2009 (Qld) Uniform Civil Procedure Rules (Qld), r 389(2)
CASES	SAY v AZ; ex parte Attorney-General (Qld) [2006] QCA 462 MAV v OBA [2007] QCA 124 Tyler v Custom Credit Corp Ltd and Ors [2000] QCA 178 JMR obo SRR v Hornsby [2009] QDC 147
COUNSEL:	F Muirhead (solicitor) for the applicant No appearance for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant No appearance for the respondent