Mather v Batchelor - [2011] QSC 278

SUPREME COURT OF QUEENSLAND

CITATION:

Mather v Batchelor [2011] QSC 278

PARTIES:

STACEY-LEE JEAN MATHER
(applicant)
v
ROBERT WILLIAM BATCHELOR
(respondent)

FILE NO/S:

BS 13574 of 2009

DIVISION:

Trial Division

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

14 September 2011

DELIVERED AT:

Brisbane

HEARING DATE:

12 September 2011

JUDGE:

Ann Lyons J

ORDER:

1. The Respondent, Robert William Batchelor pay to the Applicant, Stacey-Lee Jean Mather the sum of $50,250.00 by way of compensation pursuant to Section 24 of the Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences which led to the conviction of the Respondent on 6 March 2009 upon indictment under the Criminal Code of Queensland

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – QUEENSLAND - where the respondent pleaded guilty to one count of burglary with violence whilst armed, one count of attempted murder and one count of stealing - where the applicant suffered physical and psychological injuries as a result of those offences - whether compensation should be awarded.

COUNSEL:

PM James (solicitor) for the applicant
Respondent appeared on own behalf

SOLICITORS:

Legal Aid Queensland for the applicant

ANN LYONS J:

The applicant Stacey-Lee Jean Mather applies for compensation under s 24 of the Criminal Offence Victims Act 1995 (Qld) and the Victims of Crime Assistance Act 2009 (Qld).

The respondent was convicted in the Supreme Court of Queensland at Brisbane on 6 March 2009 and was sentenced by Dutney J on 6 March 2009. Whilst the conviction occurred prior to the commencement of the Victims of Crime Assistance Act in 2009 s 155 (1) provides that where a conviction happens before commencement a person may apply to the court for criminal injuries compensation if s154(1)(a)(i) applies. That section provides that if a person could have applied to the court for an order requiring the payment of compensation for injury suffered because of a personal offence committed before the commencement of the Act under s 24 and the person has not made an application at the date of the commencement of the Act then the Act applies to them.

Section 24 of the Criminal Offence Victims Act 1995 provided that if a person is convicted on indictment of a personal offence the person upon whom the personal offence is committed may apply to the court for an order that the convicted person pay compensation for injuries suffered because of the offence.

I am satisfied that the applicant is a person who could have applied under s 24 of the Criminal Offence Victims Act 1995 because she is a victim of a personal offence committed against her by the respondent who was convicted by his own plea on 6 March 2009. Accordingly, s 154 of the Victims of Crime Assistance Act 2009 is satisfied. I am also satisfied that the applicant has complied with the time limit provisions in s 155(2)(b) of the Act in that the Act commenced on 1 December 2009…

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 Mather v Batchelor

Details

AGLC: Mather v Batchelor [2011] QSC 278
Case: [2011] QSC 278
Decision Date: 14 September 2011

CaseChat Overview and Summary

Stacey-Lee Jean Mather, the applicant, sought compensation under Section 24 of the Criminal Offence Victims Act 1995 from Robert William Batchelor, the respondent, for injuries sustained during an incident that resulted in the respondent's conviction on 6 March 2009. The respondent had pleaded guilty to one count of burglary with violence whilst armed, one count of attempted murder, and one count of stealing. The applicant suffered both physical and psychological injuries as a consequence of these offences. The primary legal issue before the court was whether the applicant was entitled to compensation under the Act for the injuries she sustained.

The court considered the nature and extent of the applicant's injuries, both physical and psychological, and the impact these had on her life. The court also took into account the respondent's criminal conduct and the circumstances surrounding the incident. The respondent had pleaded guilty to serious offences, indicating the severity of the crime and the level of harm caused to the applicant. Based on these factors, the court found that the applicant was entitled to compensation for her injuries under the Act.

Accordingly, the court ordered the respondent to pay the applicant the sum of $50,250.00 as compensation for the injuries sustained as a result of the offences which led to the respondent's conviction on 6 March 2009. This decision was made in accordance with the provisions of the Criminal Offence Victims Act 1995, recognising the applicant's entitlement to compensation for the harm she suffered due to the respondent's criminal actions.

Orders

Orders of the court

1. The Respondent, Robert William Batchelor pay to the Applicant, Stacey-Lee Jean Mather the sum of $50,250.00 by way of compensation pursuant to Section 24 of the Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences which led to the conviction of the Respondent on 6 March 2009 upon indictment under the Criminal Code of Queensland

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

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Ratio Decidendi

Legal Principle Established

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CITATION:	Mather v Batchelor [2011] QSC 278
PARTIES:	STACEY-LEE JEAN MATHER (applicant) v ROBERT WILLIAM BATCHELOR (respondent)
FILE NO/S:	BS 13574 of 2009
DIVISION:	Trial Division
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	14 September 2011
DELIVERED AT:	Brisbane
HEARING DATE:	12 September 2011
JUDGE:	Ann Lyons J
ORDER:	1. The Respondent, Robert William Batchelor pay to the Applicant, Stacey-Lee Jean Mather the sum of $50,250.00 by way of compensation pursuant to Section 24 of the Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences which led to the conviction of the Respondent on 6 March 2009 upon indictment under the Criminal Code of Queensland
CATCHWORDS:	CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – QUEENSLAND - where the respondent pleaded guilty to one count of burglary with violence whilst armed, one count of attempted murder and one count of stealing - where the applicant suffered physical and psychological injuries as a result of those offences - whether compensation should be awarded.
COUNSEL:	PM James (solicitor) for the applicant Respondent appeared on own behalf
SOLICITORS:	Legal Aid Queensland for the applicant