MJN v JAB

[2008] QDC 302

DISTRICT COURT OF QUEENSLAND

CITATION:

MJN v JAB [2008] QDC 302

PARTIES:

MJN

Applicant

v

JAB

Respondent

FILE NO/S:

BD1985/08

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

12 December 2008

DELIVERED AT:

Brisbane

HEARING DATE:

20 August 2008

JUDGE:

Tutt DCJ

ORDER:

1.    That the respondent JAB pay the sum of $8,250.00 to the applicant MJN for injury suffered by him including adverse impacts caused by the respondent to the applicant for which the respondent was convicted by the District Court at Beenleigh on 11 February 2005.

2.    No order as to costs.

CATCHWORDS:

Criminal compensation application – sexual offences against complainant child – mental or nervous shock assessment – “adverse impacts” under Criminal Offence Victims Regulation 1995.

Criminal Offence Victims Act 1995 ss 20, 24, 25 (7)

Criminal Offence Victims Regulation 1995 s 1A

Ferguson v Kazakoff (2000) QSC 156

MR v Webb [2001] QCA 113

Re JI v AV [2001] QCA 510

SOLICITORS:

Ms J Fadden for the applicant

No appearance by or on behalf of the respondent

Introduction:

1. The applicant MJN by his litigation guardian claims compensation under Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) for injury the applicant sustained arising out of the criminal conduct of the respondent JAB who was convicted by the District Court at Beenleigh on 11 February 2005 of 4 offences of unlawfully and indecently dealing with a child under 16 years then under 12 years.

1. The application is made on the basis of a “mental or nervous shock disorder” together with a claim under s 1A of the Criminal Offence Victims Regulation 1995 (“the Regulation”) on the basis that the applicant has suffered a number of “adverse impacts” as defined under s 1A(2) of the Regulation arising out of the sexual offences.

1. The application for compensation is made pursuant to s 24 of the Act and is supported by the following material:

(a)        the affidavit with exhibits of the litigation guardian MN sworn 15 March 2008 and filed in this court on 23 July 2008;

(b)        the affidavit with the exhibits of Dr Barbara McGuire, Psychiatrist (“Dr McGuire”), sworn 25 March 2008 and filed in this Court on 23 July 2008;

(c)        the affidavit with the exhibits of Mandy Albert, Litigation Support Officer, sworn 18 July 2008 and filed in this Court on 23 July 2008;

(d)        the affidavit of service of Andrew Michael William Ward, Licensed Commercial Agent, sworn 2 August 2008 and filed in this Court on 5 August 2008.

Facts:

1. The circumstances of the respondent’s criminal conduct are summarised in the submissions of the Crown prosecutor at the sentence hearing being Exhibit “B” to the affidavit of the said Mandy Albert and confirm that the respondent pleaded guilty to the offences referred to in paragraph [1] above.

Injury:

1. The applicant’s injury is set out in the report dated 21 May 2007 from Dr McGuire, which is Exhibit “A” to her affidavit aforesaid.…