MBA v JFB

DISTRICT COURT OF QUEENSLAND

CITATION:

MBA v JFB [2011] QDC 57

PARTIES:

MBA
(Applicant)

v

JFB
(Respondent)

FILE NO/S:

40/2010

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

8 April, 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

23 December 2010 & 11 March 2011

JUDGE:

Dearden DCJ

ORDER:

The respondent JFB pay the applicant MBA the sum of $18,750.

CATCHWORDS:

Application – Criminal Compensation – Indecent treatment – Mental or nervous shock – Adverse impacts

LEGISLATION:

Criminal Offence Victims Act1995 s.24

Criminal Offence Victims Regulation 1995 s. 1A.

Victims of Crime Assistance Act2009 ss. 154 and 155

CASES:

JMR obo SRR v Hornsby [2009] QDC 147

COUNSEL:

Ms C Williams (23 December 2010) and Mr E Muir (11 March 2011) for the applicant

The respondent appeared self represented

SOLICITORS:

Muir Lawyers for the applicant

The respondent appeared self represented

Introduction

1. The respondent, JFB, pleaded guilty in the Beenleigh District Court on 12 March 2008 to one count of indecent treatment of a child under 16, in respect of the applicant MBA.  The respondent was sentenced to 12 months imprisonment, to be served by way of an intensive correction order.

Facts

1. The offence occurred on 23 February 2007, when the applicant was 14 years old.  The respondent, who is the applicant’s uncle, was 43 old years at the time.  The applicant was staying the weekend with the respondent and his young daughters (the applicant’s cousins).  When the respondent and the applicant arrived at the respondent’s residence, the applicant assisted the respondent tidying the house before sitting down to watch television.  The respondent complained of a sore back and the applicant offered to give him a massage which he accepted.  The respondent then offered the applicant a back massage which she accepted. 

1. The applicant and the respondent moved to the computer room where the respondent massaged the applicant’s feet and legs.  The respondent then moved his hands up the applicant’s thighs towards her groin, pushed her underpants to one side with one hand and touched her vagina with the other hand.  The applicant asked the respondent to stop and he desisted in his actions.  The applicant jumped up and went to the bedroom where she was to sleep the night with the respondent’s children.  The applicant rang her mother and step-father and told them what had occurred. A short time later the applicant’s step-father arrived and took her home.[1]

   [1] Exhibit CW 1 (Schedule of facts) Affidavit of Chrissy Williams sworn 25 August 2010.

Injuries

1. The applicant suffered mental or nervous shock, and adverse impacts[2] as a result of the offence committed by the respondent.

   [2]Criminal Offence Victims Regulation s.1A.

The Law

1. The proceedings were commenced by way of an Originating Application filed 28 January 2010, purporting to be taken in the name of the applicant MBA.  However, MBA’s date of birth (31 May 1992)[3] indicates that the applicant was under the age of 18 (and therefore under a legal disability) at the time the proceedings…