SUPREME COURT OF QUEENSLAND
CITATION:
MAV v ABA [2007] QCA 124
PARTIES:
MAV
(plaintiff/appellant)
v
ABA
(defendant/respondent)
ATTORNEY-GENERAL OF QUEENSLAND
(intervenor)FILE NO/S:
Appeal No 10078 of 2006
DC No 457 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension of Time / General Civil Appeal
ORIGINATING COURT:
District Court at Townsville
DELIVERED ON:
13 April 2007
DELIVERED AT:
Brisbane
HEARING DATE:
21 March 2007
JUDGES:
Jerrard JA, Cullinane and Jones JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Application for leave to appeal be granted
2. Appeal allowed with costs to be assessed
3. The order made in the District Court on 20 October 2006 be varied by substituting for the amount of $55,500 the amount of $65,500CATCHWORDS:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO THE DISPOSAL OF PROPERTY – QUEENSLAND – where the appellant fell pregnant after being raped by the respondent – where compensation was awarded – whether the learned judge made inadequate assessment under the Criminal Offence Victims Act1995 (Qld)
Criminal Offence Victims Act1995 (Qld), s 24
Criminal Offence Victims Regulation1995 (Qld), reg 1A
HV v LN [2000] QCA 472, Appeal No 8149 of 200, 24 November 2000, applied
HW v LO [2000] QCA 377, Appeal No 3016 of 2000, 15 September 2000, applied
R v Atwell ex parte Jullie [2002] 2 Qd R 367, applied
R v Bridge and Madams ex parte Larkin [1989] 1 Qd R 554, applied
R v Tiltman; ex parte Dawe, unreported, Lee J SC No 324 of 1995, 22 June 1995
SAY v AZ ex parte Attorney-General (Qld) [2006] QCA 462, Appeal No 583 0f 2006, 10 November 2006, appliedCOUNSEL:
D Honchin for the appellant
S Hinson SC for the intervenorSOLICITORS:
Purcell Taylor Lawyers for the appellant
Crown Solicitor for the intervenor
JERRARD JA: I have read the reasons of Jones J in this matter and I respectfully agree with His Honour’s reasons and the orders that His Honour proposes.
CULLINANE J: I have had the opportunity to read the reasons of Jones J in this matter. I agree with his reasons and the orders he proposes.
JONES J: By these proceedings the applicant seeks an extension of time within which to seek leave to appeal and then to appeal against the order of the District Court at Townsville whereby she was awarded compensation in the sum of $55,500 against the respondent. The extension of time is necessary because the order sought to be varied was pronounced in the District Court on 20 October 2006 but the application and Notice of Appeal were not in fact filed until 21 November 2006. This short delay was caused by the late delivery of the documents in the ordinary course of post. The respondent did not appear to argue the appeal and…
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- AGLC
- MAV v ABA [2007] QCA 124
- Case
- [2007] QCA 124
- Decision Date
CaseChat Overview and Summary
The legal issue at hand was whether the learned judge had made an inadequate assessment of the damages awarded under the Act. The court needed to determine if the District Court judge had correctly exercised their discretion in awarding compensation and whether the amount awarded was reasonable in the circumstances. The court also had to consider if the assessment was consistent with the principles set out in the Act.
The appeal was allowed, and the application for leave to appeal was granted. The court found that the District Court judge had erred in making the assessment of damages. The amount awarded was considered inadequate in light of the nature and impact of the crime on the victim. The court varied the amount of damages awarded to $65,500, which reflected a more appropriate assessment of the compensation MAV was entitled to receive. The appeal was allowed with costs to be assessed.
Orders
Orders of the court
1. Application for leave to appeal be granted
2. Appeal allowed with costs to be assessed
3. The order made in the District Court on 20 October 2006 be varied by substituting for the amount of $55,500 the amount of $65,500
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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