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MMM v GPW

MMM v GPW

Case [2012] QDC 287 30 August 2012

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DISTRICT COURT OF QUEENSLAND

CITATION:

MMM v GPW [2012] QDC 287

PARTIES:

MMM

(Applicant)

V

GPW

(Respondent)

FILE NO/S:

Dalby 4 of 2010

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

30 August 2012 (ex tempore)

DELIVERED AT:

Dalby

HEARING DATE:

28 August 2012

JUDGE:

Irwin DCJ

ORDER:

The respondent pay the applicant the sum of $30,000 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offence of maintaining a sexual relationship with a child with circumstances of aggravation, which lead to the conviction of the respondent in the District Court at Kingaroy on 3 December 2008.

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – application for criminal compensation – where the respondent was convicted of maintaining a sexual relationship with a child with circumstances of the aggravation – where the applicant suffered a severe post traumatic stress disorder which had persisted for 12 years and likely to persist indefinitely, and adverse impacts under reg 1A(2) as a result of the offence – where there was sexual abuse prior to the period during which the maintaining offence occurred – where subsequent to the offence the applicant suffered what was described as a mental breakdown following the ending of a relationship with a boyfriend – where the applicant subsequently suffered post natal depression/reactive depression – assessment of compensation.

Criminal Offence Victims Act 1995 (Qld) (repealed), s 20, s 21, s 22, 24, s 25, s 26, s 30, Schedule 1

Criminal Offence Victims Regulation 1995 (Qld) (repealed), s 1A, s 2, s 2A

Victims of Crime Assistance Act 2009 (Qld), s 149, s 155(1)(a), s 155(2)(b)

AT v FG [2004] QCA 295, applied

R v Kazakoff; ex parte Ferguson [2001] 2 QD R 320; [2000] QSC 156, considered

JMR obo SRR v Hornsby [2009] QDC 147, cited

JS v Graveur [2012] QCA 196, applied

PAJ v AAK [2010] QCA 78, applied

R v Atwell; ex parte Jullie [2002] 2 Qd R 367, cited

R v Ward; ex parte Dooley [2001] Qd R 436, applied

Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, cited

RMC v NAC [2009] QSC 149, cited

SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied

Wren v Gaulai [2008] QCA 148, cited

Zaicov & McKenna v Jones [2001] QCA 442, cited

COUNSEL:

M. D. Woods for the applicant

A.F Kelly for the respondent

SOLICITORS:

Edgar & Wood Solicitors for the applicant

Kelly & Frecklington Solicitors for the respondent

HIS HONOUR: The applicant seeks compensation, pursuant to section 24 of the Criminal Offence Victims Act 1995 (Qld) (the Act) for emotional injuries caused by the actions of the respondent between 9 October…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading MMM v GPW

Details

AGLC: MMM v GPW [2012] QDC 287
Case: [2012] QDC 287
Decision Date: 30 August 2012 (ex tempore)

CaseChat Overview and Summary

The application in the matter of MMM v GPW was heard in the District Court of Queensland, where MMM sought compensation under the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of an offence committed by GPW. The respondent had been convicted of maintaining a sexual relationship with a child with circumstances of aggravation, a conviction which led to a sentence being passed in the District Court at Kingaroy on 3 December 2008. MMM suffered a severe post-traumatic stress disorder which had persisted for twelve years and was likely to persist indefinitely, as well as other adverse impacts as described in reg 1A(2) of the Act. The applicant had suffered sexual abuse prior to the period during which the maintaining offence occurred. Subsequent to the offence, the applicant suffered a mental breakdown following the ending of a relationship with a boyfriend, and later suffered post-natal depression/reactive depression.

The court was required to consider the extent of the injuries suffered by MMM, the duration and impact of the post-traumatic stress disorder, and the other adverse impacts described in the Act. The court also needed to consider the circumstances of the offence and the appropriate amount of compensation to be awarded under s 24 of the Act. The court needed to balance the need to provide adequate compensation for the harm suffered by MMM, while also ensuring that the amount awarded was not excessive.

In assessing the appropriate amount of compensation, the court took into account the severity and duration of the injuries suffered by MMM, as well as the impact of the offence on her life. The court also considered the respondent's ability to pay, and the need to provide a deterrent to similar offences in the future. The court concluded that an award of $30,000 was appropriate, taking into account all of the relevant factors.

The respondent was ordered to pay the applicant the sum of $30,000 by way of compensation for injuries sustained as a result of the offence of maintaining a sexual relationship with a child with circumstances of aggravation. The order was made pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld), and the court took into account the factors outlined above in reaching its decision.

Orders

Orders of the court

The respondent pay the applicant the sum of $30,000 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offence of maintaining a sexual relationship with a child with circumstances of aggravation, which lead to the conviction of the respondent in the District Court at Kingaroy on 3 December 2008.

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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Citations

MMM v GPW [2012] QDC 287

Cases Citing This Decision

No citing cases yet.

Cases Cited

JS v Graveur [2012] QCA 196
Citation 1

…off; ex parte Ferguson [2001] 2 QD R 320; [2000] QSC 156, considered JMR obo SRR v Hornsby [2009] QDC 147, cited JS v Graveur [2012] QCA 196, applied PAJ v AAK [2010] QCA 78, applied R v Atwell; ex parte Jullie [2002] 2 Qd R 367, cited R v Ward; ex parte Dooley [2001] Qd R 436, applied Riddle v Coffey (2002) 133…
R v Silva [2010] QCA 79
Citation 2 (Para 28)

…As stated by McMurdo P (with whom Muir and Chesterman JJA agreed) in PAJ v AAK [2010] QCA 79 at [28]:…
PAJ v AAK [2010] QCA 78
Citation 3

…R 320; [2000] QSC 156, considered JMR obo SRR v Hornsby [2009] QDC 147, cited JS v Graveur [2012] QCA 196, applied PAJ v AAK [2010] QCA 78, applied R v Atwell; ex parte Jullie [2002] 2 Qd R 367, cited R v Ward; ex parte Dooley [2001] Qd R 436, applied Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, cit…
RMC v NAC [2009] QSC 149
Citation 4

…d R v Ward; ex parte Dooley [2001] Qd R 436, applied Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, cited RMC v NAC [2009] QSC 149, cited SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied Wren v Gaulai [2008] QCA 148, cited Zaicov & McKenna v Jones [2001] QCA 442, cited COUNSEL: M. D…
JMR obo SRR v Hornsby [2009] QDC 147
Citation 5

…G [2004] QCA 295, applied R v Kazakoff; ex parte Ferguson [2001] 2 QD R 320; [2000] QSC 156, considered JMR obo SRR v Hornsby [2009] QDC 147, cited JS v Graveur [2012] QCA 196, applied PAJ v AAK [2010] QCA 78, applied R v Atwell; ex parte Jullie [2002] 2 Qd R 367, cited R v Ward; ex parte Dooley [2001] Qd R 436,…
Wren v Gaulai [2008] QCA 148
Citation 6

…37, cited RMC v NAC [2009] QSC 149, cited SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied Wren v Gaulai [2008] QCA 148, cited Zaicov & McKenna v Jones [2001] QCA 442, cited COUNSEL: M. D. Woods for the applicant A.F Kelly for the respondent SOLICITORS: Edgar & Wood Solicitors for the applica…
SAY v AZ [2006] QCA 462
Citation 7

…(2002) 133 A Crim R 220; [2002] QCA 337, cited RMC v NAC [2009] QSC 149, cited SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied Wren v Gaulai [2008] QCA 148, cited Zaicov & McKenna v Jones [2001] QCA 442, cited COUNSEL: M. D. Woods for the applicant A.F Kelly for the respondent SOLICITORS: E…
AT v FG [2004] QCA 295
Citation 8

…on 1995 (Qld) (repealed), s 1A, s 2, s 2A Victims of Crime Assistance Act 2009 (Qld), s 149, s 155(1)(a), s 155(2)(b) AT v FG [2004] QCA 295, applied R v Kazakoff; ex parte Ferguson [2001] 2 QD R 320; [2000] QSC 156, considered JMR obo SRR v Hornsby [2009] QDC 147, cited JS v Graveur [2012] QCA 196, applied PAJ v…
Townsville Port Authority v Max Locke, Registrar of Titles [2004] QCA 294
Citation 9 (Para 17)

…QdR 367 per Chesterman J at 372; per Atkinson at 382-383; Hornsby at [6]. They would be such an injury if they were nervous or mental shock; AT v FG [2004] QCA 294 per Jerrard JA at [17].…
R v Cunliffe [2004] QCA 293
Citation 10

…In AT v FG, [2004] QCA 293, Jerrard JA made reference to: "Establishing the existence of post-traumatic stress disorder and therefore mental or nervous shock".…
Riddle v Coffey [2002] QCA 337
Citation 11

…e Jullie [2002] 2 Qd R 367, cited R v Ward; ex parte Dooley [2001] Qd R 436, applied Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, cited RMC v NAC [2009] QSC 149, cited SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied Wren v Gaulai [2008] QCA 148, cited Zaicov & McKenna v Jones [20…
R v Jones ex parte Zaicov [2001] QCA 442
Citation 12

…AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied Wren v Gaulai [2008] QCA 148, cited Zaicov & McKenna v Jones [2001] QCA 442, cited COUNSEL: M. D. Woods for the applicant A.F Kelly for the respondent SOLICITORS: Edgar & Wood Solicitors for the applicant Kelly & Frecklington Solicitors for the resp…
Ferguson v Kazakoff; ex parte Ferguson [2000] QSC 156
Citation 13

…009 (Qld), s 149, s 155(1)(a), s 155(2)(b) AT v FG [2004] QCA 295, applied R v Kazakoff; ex parte Ferguson [2001] 2 QD R 320; [2000] QSC 156, considered JMR obo SRR v Hornsby [2009] QDC 147, cited JS v Graveur [2012] QCA 196, applied PAJ v AAK [2010] QCA 78, applied R v Atwell; ex parte Jullie [2002] 2 Qd R 367,…

Legislation Cited

Criminal Offence Victims Act 1995 (Qld) 20, 24
3 mentions
Victims of Crime Assistance Act 2009 (Qld) 149
2 mentions

CITATION:	MMM v GPW [2012] QDC 287
PARTIES:	MMM (Applicant) V GPW (Respondent)
FILE NO/S:	Dalby 4 of 2010
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court, Brisbane
DELIVERED ON:	30 August 2012 (ex tempore)
DELIVERED AT:	Dalby
HEARING DATE:	28 August 2012
JUDGE:	Irwin DCJ
ORDER:	The respondent pay the applicant the sum of $30,000 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offence of maintaining a sexual relationship with a child with circumstances of aggravation, which lead to the conviction of the respondent in the District Court at Kingaroy on 3 December 2008.
CATCHWORDS:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – application for criminal compensation – where the respondent was convicted of maintaining a sexual relationship with a child with circumstances of the aggravation – where the applicant suffered a severe post traumatic stress disorder which had persisted for 12 years and likely to persist indefinitely, and adverse impacts under reg 1A(2) as a result of the offence – where there was sexual abuse prior to the period during which the maintaining offence occurred – where subsequent to the offence the applicant suffered what was described as a mental breakdown following the ending of a relationship with a boyfriend – where the applicant subsequently suffered post natal depression/reactive depression – assessment of compensation. Criminal Offence Victims Act 1995 (Qld) (repealed), s 20, s 21, s 22, 24, s 25, s 26, s 30, Schedule 1 Criminal Offence Victims Regulation 1995 (Qld) (repealed), s 1A, s 2, s 2A Victims of Crime Assistance Act 2009 (Qld), s 149, s 155(1)(a), s 155(2)(b) AT v FG [2004] QCA 295, applied R v Kazakoff; ex parte Ferguson [2001] 2 QD R 320; [2000] QSC 156, considered JMR obo SRR v Hornsby [2009] QDC 147, cited JS v Graveur [2012] QCA 196, applied PAJ v AAK [2010] QCA 78, applied R v Atwell; ex parte Jullie [2002] 2 Qd R 367, cited R v Ward; ex parte Dooley [2001] Qd R 436, applied Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, cited RMC v NAC [2009] QSC 149, cited SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied Wren v Gaulai [2008] QCA 148, cited Zaicov & McKenna v Jones [2001] QCA 442, cited
COUNSEL:	M. D. Woods for the applicant A.F Kelly for the respondent
SOLICITORS:	Edgar & Wood Solicitors for the applicant Kelly & Frecklington Solicitors for the respondent