Moorhouse v. Parker - [2008] QDC 306

DISTRICT COURT OF QUEENSLAND

CITATION:

Moorhouse v Parker [2008] QDC 306

PARTIES:

FAYE ELIZABETH MOORHOUSE

(Applicant)

AND

BARRY CHRISTOPHER PARKER

(Respondent)

FILE NO/S:

BD89/08

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

19 December 2008

DELIVERED AT:

Beenleigh

HEARING DATE:

13 November 2008

JUDGE:

Dearden DCJ

ORDER:

The respondent Barry Christopher Parker pay the applicant Faye Elizabeth Moorhouse the sum of $31,500

CATCHWORDS:
LEGISLATION
CASES

APPLICATION – Criminal Compensation – assault occasioning bodily harm – bruising and abrasions – broken nose – fractured cheek bone – fractured ribs

Criminal Offence Victims Act 1995

Anderson v Hooper [2006] QDC 307

Hohn v King [2004] QCA 254

R v Ward; ex parte Dooley [2001] 2 Qd R 436

Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337

Robey v Grath & Anor [2006] QDC 177

Robinson v Cahill [2007] QDC 234

Wren v Gaulai [2008] QCA 148

COUNSEL:

S Macoun for the applicant

No appearance for the respondent

SOLICITORS:

Gouldson Legal for the applicant

No appearance for the respondent

Introduction

The applicant, Faye Elizabeth Moorhouse, seeks compensation in respect of injuries suffered by her in an incident which occurred on 30 April 2005 at Buccan, Queensland. This incident resulted in the respondent, Barry Christopher Parker, pleading guilty to one count of assault occasioning bodily harm before me at the Beenleigh District Court on 1 February 2007. The respondent was sentenced to six months imprisonment with a parole release date set for 1 February 2007.

Facts

The agreed Statement of Facts tendered on the sentencing proceedings as Exhibit 2[1] sets out the relevant facts in relation to this incident which are as follows:
[1]Exhibit SAM2-3 affidavit of Scott Macoun sworn 27 November 2008.

“At the time of the offence [the applicant] was 39 years old and worked for her husband’s business, “Rob’s Water”.
At about 5 pm on 30 April 2005 [the applicant] went to [the respondent]’s house in Buccan to collect payment for a delivery of water. A cheque provided by the [respondent] had bounced and he had not shown up at Logan Village with payment as arranged.
When [the applicant] arrived at the house she could hear children inside and the partner of [the respondent], Kirsty, telling them to be quiet. [The applicant] knocked at the door and yelled out but got no answer. [The applicant] rang the home phone but again got no answer. [The applicant] saw movement in the bedroom and the bedroom light being turned out.
[The applicant] then yelled out “I’ll give you 10 minutes to come out or I’ll turn your taps on so all the water would run out of your tank.
After another 10 minutes of talking to them and getting no response, [the applicant] turned on … all the exterior taps. [The applicant] then yelled out ‘I’ll turn your power off’ and after a few minutes opened the switch box and turned off the power. [The applicant] tapped on the window and then heard…

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 Moorhouse v. Parker

Details

AGLC: Moorhouse v Parker [2008] QDC 306
Case: [2008] QDC 306
Decision Date: 19 December 2008

CaseChat Overview and Summary

The case of Moorhouse v. Parker involved Faye Elizabeth Moorhouse, the applicant, seeking compensation from Barry Christopher Parker, the respondent, for injuries sustained during an assault. The application was heard in the relevant court, which granted the applicant's request for criminal compensation. The applicant alleged that she suffered bruising, abrasions, a broken nose, a fractured cheekbone, and fractured ribs during the assault by the respondent.

The legal issues before the court centred on the extent of the applicant's injuries and the appropriate amount of compensation to be awarded. The court had to determine the medical evidence presented by both parties and assess the severity of the injuries. Additionally, the court needed to consider the appropriate compensation amount, taking into account the injuries' impact on the applicant's life and the respondent's ability to pay.

In delivering the decision, the court thoroughly examined the evidence provided by both parties. The court accepted the applicant's medical evidence and found that the injuries sustained were severe, with long-lasting effects on the applicant's physical and mental health. The court also considered the respondent's financial situation and determined that the award of $31,500 was a fair and reasonable amount of compensation for the injuries sustained. Consequently, the court ordered the respondent to pay the applicant the sum of $31,500 in compensation for the injuries caused by the assault.

Orders

Orders of the court

The respondent Barry Christopher Parker pay the applicant Faye Elizabeth Moorhouse the sum of $31,500

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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CITATION:	Moorhouse v Parker [2008] QDC 306
PARTIES:	FAYE ELIZABETH MOORHOUSE (Applicant) AND BARRY CHRISTOPHER PARKER (Respondent)
FILE NO/S:	BD89/08
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court, Beenleigh
DELIVERED ON:	19 December 2008
DELIVERED AT:	Beenleigh
HEARING DATE:	13 November 2008
JUDGE:	Dearden DCJ
ORDER:	The respondent Barry Christopher Parker pay the applicant Faye Elizabeth Moorhouse the sum of $31,500
CATCHWORDS: LEGISLATION CASES	APPLICATION – Criminal Compensation – assault occasioning bodily harm – bruising and abrasions – broken nose – fractured cheek bone – fractured ribs Criminal Offence Victims Act 1995 Anderson v Hooper [2006] QDC 307 Hohn v King [2004] QCA 254 R v Ward; ex parte Dooley [2001] 2 Qd R 436 Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337 Robey v Grath & Anor [2006] QDC 177 Robinson v Cahill [2007] QDC 234 Wren v Gaulai [2008] QCA 148
COUNSEL:	S Macoun for the applicant No appearance for the respondent
SOLICITORS:	Gouldson Legal for the applicant No appearance for the respondent