MC v Allom

[2009] QDC 76

DISTRICT COURT OF QUEENSLAND

CITATION:

MC v Allom [2009] QDC 76

PARTIES:

MC

(Applicant)

v

Donald Francis Allom

(Respondent)

FILE NO/S:

143/08

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

12 March 2009

DELIVERED AT:

Beenleigh

HEARING DATE:

18 December 2008

JUDGE:

Dearden DCJ

ORDER:

That the respondent Donald Francis Allom pay the applicant MC the sum of $ 47, 250.00

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – rape – indecent assault – mental or nervous shock – adverse impacts

CASES:

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

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

JI v AV [2002] 2 Qd R 367

Wren v Gaulai [2008] QCA 148

LAB v RLB [2008] QDC 24

Warren v Hardy D2941-1, Shanahan DCJ, unreported, District Court, 18 November 2002

LEGISLATION:

Criminal Offence Victims Act (Qld) 1995

COUNSEL:

Mr S P Herd, solicitor for the applicant

No appearance for the respondent

SOLICITORS:

MurphySchmidt, solicitors for the applicant

No appearance for the respondent

Introduction

1. The applicant MC seeks compensation in respect of injuries suffered by her arising out of offences committed against her by the respondent Donald Francis Allom on 23 June 2006 at Jimboomba.  The respondent pleaded guilty before me in the Beenleigh District Court on 23 May 2008.  The respondent was sentenced to imprisonment for 18 months in respect of Count 1 (indecent assault) and 7 years imprisonment for each of Counts 2-6 (5 separate counts of rape).  A period of 8 days pre-sentence custody was declared time already served under the sentence, and a parole eligibility date was fixed at 29 November 2010.

Facts

1. The applicant was aged 38 at the time of the offences and was residing at an address at Lot 55 Amber Crescent, Jimboomba, a granny flat semi-attached to the main dwelling on that property.  The landlord resided in the main dwelling of the house and was friends with both the applicant and the respondent.  At the time of the offences, the applicant had been living at the residence for two years with her daughter.  The applicant had known the respondent for approximately 18 years prior to the offences. 

1. On 23 June 2006 (Friday), the applicant dropped her daughter off at the daughter’s father’s house, and the applicant went to work.  The applicant finished work at about 5pm, returned home shortly after and was doing some laundry when she saw her landlord and the respondent in the dining room of the main house drinking wine.  The applicant had a conversation with the landlord and the respondent and was invited to sit down with them.  Shortly after that, some other friends arrived and it was decided to have pizza and some further drinks.  The applicant consumed about half a glass of wine. 

1. The applicant then went to check on her washing which was in the laundry of the main house.  The respondent followed the applicant to the laundry, and the applicant got her clothes from the dryer…