MEB v PJB

[2010] QDC 368

DISTRICT COURT OF QUEENSLAND

CITATION:

MEB v PJB [2010] QDC 368

PARTIES:

MEB

(Applicant)

v

PJB

(Respondent)

FILE NO/S:

3420/09

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

5 October 2010

DELIVERED AT:

Brisbane

HEARING DATE:

5 October 2010

JUDGE:

Rafter SC DCJ

ORDER:

The respondent pay to the applicant the sum of $44,250 by way of compensation pursuant to s 24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of maintaining an unlawful relationship with a child with circumstances of aggravation, rape and incest which led to the conviction of the respondent in the District Court at Maroochydore on 25 October 2007.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – where the applicant was the victim of sexual offences – mental or nervous shock - adverse impacts of sexual offences – assessment of compensation

Criminal Offence Victims Act 1995 (Qld), s 20, s 22, s 24, s 25

Criminal Offence Victims Regulation 1995 (Qld), s 1A, s 2, s 2A

Victims of Crime Assistance Act 2009 (Qld), s 149, s 155

JI v AV [2002] 2 Qd R 367; [2001] QCA 510

R v Ward, ex parte Dooley [2001] 2 QdR 436; [2000] QCA 493

RMC v NAC [2009] QSC 149

COUNSEL:

P M James, solicitor, for the applicant

No appearance by or for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

No appearance by or for the respondent

Introduction

1. The applicant seeks compensation pursuant to s 24 Criminal Offence Victims Act 1995 for emotional injuries caused by sexual offences committed by the respondent. The Criminal Offence Victims Act 1995 was repealed by s 149 Victims of Crime Assistance Act 2009 which commenced on 1 December 2009. The transitional provision in s 155 Victims of Crime Assistance Act 2009 requires the application to be determined in accordance with the Criminal Offence Victims Act 1995.

1. On 25 October 2007 in the District Court at Maroochydore the respondent was convicted of 1 count of maintaining an unlawful relationship with a child with circumstances of aggravation, 2 counts of rape and 1 count of incest.  On 17 December 2007 in the District Court at Brisbane, a sentence of 10 years imprisonment with a serious violent offence declaration was imposed in respect of the charge of maintaining an unlawful relationship with a child with circumstances of aggravation.  The respondent was sentenced to 8 years imprisonment in respect of each charge of rape and 6 years imprisonment in respect of the charge of incest.  The period of 53 days pre-sentence custody served by the respondent was declared to be time already served under the sentence.[1]

   [1]Exhibit A to the affidavit of Mandy Albert filed 31 August 2010.

1. The application and supporting affidavit material were served on the respondent on 27 September 2010.[2]

   [2]Affidavit of Ian Sydney DeLandre filed by leave on 5 October 2010.

1. The Public Trustee is not actively managing the affairs of the respondent.[3]  The Public Trustee has received written acknowledgement from…