MCT v JSM

DISTRICT COURT OF QUEENSLAND

CITATION:

MCT v JSM [2011] QDC 118

PARTIES:

MCT

(Applicant)

v

JSM

(Respondent)

FILE NO/S:

3281/09

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Brisbane

DELIVERED ON:

3 June, 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

29 April 2011 (Beenleigh)

JUDGE:

Dearden DCJ

ORDER:

That the respondent JSM pay the applicant MCT the sum of $35,250            

CATCHWORDS:

Application – criminal compensation – indecent treatment – bruising – mental or nervous shock – adverse impacts

CASES:

JMR obo SRR v Hornsby [2009] QDC 147

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) s. 25(7)

Victims of Crime Assistance Act 2009 (Qld) s.167(2)

Criminal Offence Victims Regulation 1995 (Qld) s.1A

COUNSEL:

Ms R A Christopherson (solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Nathan Lawyers, solicitors for the applicant

No appearance for the respondent

Introduction

1. The applicant, MCT, seeks compensation in respect of injuries suffered by her arising out of offences committed against her by the respondent JSM between 1 July 1996 and 1 March 1998 at Waterford West, Queensland.  The respondent pleaded guilty on 22 July 2008, and was sentenced on 11 November 2008, to three counts of indecent treatment of a child under 16, and one count of indecent treatment of a child under 16 under care.  The complainant in respect of all counts was the applicant.  In respect of count 1, the respondent was sentenced to six months imprisonment and three years probation; in respect of counts 2-4, the respondent was sentenced to 18 months imprisonment (concurrent) suspended after serving six months imprisonment, with an operational period of three years.[1]

   [1] Exhibit TM-C08 (Sentencing Remarks), Affidavit of MCT sworn 5 July 2010.

Facts

1. The applicant was born in July 1984 and went to live with her father in July 1996 at a house in Waterford West, Queensland where the respondent was her father’s boarder.

1. Count 1 (Indecent treatment of a child under 16) – 1 July 1996 – 1 March 1998

“In the early afternoon, the [respondent] was standing in the kitchen with the [applicant].  The [respondent] was standing behind her and began rubbing her chest with one of his hands.  The [respondent] then put the ice cubes down her shirt and rubbed the ice into her breast through her top.”

1. Count 2 (Indecent treatment of a child under 16) – 1 July 1996 – March 1998

“One Saturday morning, the [respondent] was downstairs in the lounge-room, sitting on the cream ribbed lounge.  The [applicant] sat on the couch next to him and he laid her on her back.  He then lay on top of her.  He placed his lower body between her legs and began to thrust his penis into the area of her vagina.  She remembers what felt like his hard penis being rubbed against her vagina area.  They both remained fully clothed.

The [respondent] was interrupted by a knock at the front door and it was a man and his son who had arrived to view a green Holden Torana that…