Michael v Christiansen

[2010] QDC 157

DISTRICT COURT OF QUEENSLAND

CITATION:

Michael v Christiansen [2010] QDC 157

PARTIES:

MILTON MICHAEL

Applicant

AND

AARON ANTON CHRISTIANSEN

Respondent

FILE NO/S:

BD360/10

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

22 April 2010

DELIVERED AT:

Brisbane

HEARING DATE:

6 April 2010

JUDGE:

McGill DCJ

ORDER:

Order the respondent to pay to the applicant $12,750 compensation for the injuries suffered by the applicant as a result of the offence involving the applicant for which the respondent was sentenced in this court on 19 February 2009.

CATCHWORDS:

CRIMINAL LAW – Compensation – assessment of compensation – whether applicant suffered mental or nervous shock

Criminal Offence Victims Act 1995

Ferguson v Kazakoff [2001] 2 Qd R 320 – followed.
Jullie v Atwell [2002] 2 Qd R 367 – cited.
MR v Webb [2001] QCA 113 – followed.
RMC v NAC [2009] QSC 149 – not followed.

COUNSEL:

P. Sloane for the applicant

The respondent was not represented

SOLICITORS:

J.M.W. Legal for the applicant

The respondent was not represented

1. This is an application for compensation under the Criminal Offence Victims Act 1995 (“the Act”). The Act has now been repealed, but the application was filed on 29 January 2010 and so is to be dealt with under the Act.[1]  The respondent on 19 February 2009 was sentenced for offences including relevantly assault occasioning bodily harm in company committed on the applicant on 10 June 2007.[2]  On that occasion the respondent and a co-offender[3] came upon the applicant outside a fast food restaurant, punched him and knocked him to the ground and apparently knocked him out and repeatedly kicked him.  The applicant was subsequently taken to the Logan Hospital, and has no recollection of the assault; he recalls going to the fast food shop, and then waking up in the hospital.  Once he recovered himself he became concerned about where he was and discharged himself and returned home.[4]  He took two days off work but apparently continued to work thereafter.[5]

   [1]Victims of Crime Assistance Act 2009 s 155.

   [2]Affidavit of Wickman filed 29 January 2010, particularly Exhibit JMW-2 – sentencing remarks.

   [3]The co-offender was dealt with in the Magistrates Court, so no issue arises about any claim against him: Affidavit of Wickman sworn 13 April 2010.

   [4]Ibid Exhibit JMW-10 p 2.

   [5]Affidavit of applicant filed 29 January 2010 para 9.

Physical injuries

1. Subsequently he attended a general practitioner, Dr Torbey, who provided a report to his solicitors on 9 October 2009.[6]  That records that the applicant presented on 19 June 2007 complaining of headaches and back pain.  On examination there were healing abrasions to the forehead and left shoulder, his back showed a good range of movement with some pain and tenderness to palpation of the spinous processes of the lower back and the paraspinal muscles.  On 10 July 2007 he returned with a lump near the left eyebrow which Dr Torbey thought was a haematoma.  His back pain had somewhat settled.  X‑rays taken two days later reported no bony…