DISTRICT COURT OF QUEENSLAND
CITATION:
Milosavljevic v Clark [2009] QDC 144
PARTIES:
ZORAN MILOSAVLJEVIC
(Applicant)
v
SYDNEY JAMES CLARK
(Respondent)
FILE NO/S:
174/08
DIVISION:
Civil
PROCEEDING:
Application for criminal compensation
ORIGINATING COURT:
District Court of Queensland, Beenleigh
DELIVERED ON:
6 May 2009
DELIVERED AT:
Beenleigh
HEARING DATE:
6 May 2009
JUDGE:
Dearden DCJ
ORDER:
Order that the Respondent, SYDNEY JAMES CLARK, pay the Applicant, ZORAN MILOSAVLJEVIC, the sum of $23,250.00.
CATCHWORDS:
APPLICATION FOR CRIMINAL COMPENSATION – Unlawful wounding – Moderate stab wounds – Acid burns – Mental or nervous shock – Pre-existing depressive condition
LEGISLATION:
Criminal Offence Victims Act (Qld) 1995 ss 22(4), 24, 25, 26
CASES:
R v Ward; ex parte Dooley [2001] 2 Qd R 436
Riddle v Coffey (2002) 133 A Crim R 220
COUNSEL: Mr A Maher for the applicant
No appearance for the respondent
SOLICITORS: Trilby Misso, solicitors for the applicant
No appearance for the respondent
[1] The applicant, Zoran Milosavljevic, seeks compensation in respect of injuries suffered by him arising from an incident which occurred on 31 October 2003 at Slacks Creek.
[2] The respondent, Sydney James Clark, was convicted after a five day trial before me of unlawfully wounding the applicant. The respondent was sentenced to 18 months imprisonment, suspended after four months, with a two year operational period. This sentence was upheld on appeal (R v Clark [2008] QCA 51).
THE FACTS
[3] The facts were conveniently summarised by McKenzie AJA in the respondent's Court of Appeal judgment as follows:-
"The [respondent] was 55 at the time of the offence. The [applicant] was 31. The [respondent] conducted a business in one of several industrial sheds at Slacks Creek. The [applicant] was employed as a furniture removalist for a business that operated from a nearby shed. There had been friction over parking issues in the area although not necessarily between [the applicant] and the [respondent] personally.
Shortly before the offence was committed the [applicant] had parked his van and gone to get instructions about his tasks for the day. When he came back he found a utility parked so close to it that he was unable to drive it away so that he might go about his work. He found out that the utility was the [respondent's] and went to his premises. He asked the [respondent] to move the utility. When the [respondent] said words to the effect that he did not intend to do so because he was tired of trucks parking where the [applicant] had parked, the [applicant] said he was going to move his truck and if it hit the [respondent's] vehicle it would be the [respondent's] fault. The [applicant] then left the premises.
Findings of fact were made by the trial Judge prior to sentencing the [respondent]. In summary, what happened was that as the [applicant] walked off the [respondent] hurried after him. The [applicant] heard him say something and turned around then the [respondent]…
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- AGLC
- Milosavljevic v Clark [2009] QDC 144
- Case
- [2009] QDC 144
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the extent of the injuries inflicted, their impact on the applicant's health and wellbeing, and the adequacy of the compensation awarded. The court had to determine the appropriate quantum of compensation for the physical injuries, the acid burns, and the exacerbation of the applicant's pre-existing depressive condition due to the attack.
The court carefully considered the evidence presented regarding the nature and severity of the injuries, expert medical opinions, and the impact on the applicant's life. It found that the injuries sustained were significant and had a lasting impact on the applicant's health and wellbeing. The court concluded that the compensation awarded was commensurate with the injuries and their impact. The court ordered that the respondent pay the applicant the sum of $23,250.00 as compensation for the injuries and related impact.
Orders
Orders of the court
Order that the Respondent, SYDNEY JAMES CLARK, pay the Applicant, ZORAN MILOSAVLJEVIC, the sum of $23,250.00.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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