Moran v Broadbent

[2004] QCA 401

SUPREME COURT OF QUEENSLAND

CITATION:

Moran v Broadbent [2004] QCA 401

PARTIES:

SHAUNA ANDRE MORAN
(applicant)
v
IAN STEWART BROADBENT

(respondent)

FILE NO/S:

Appeal No 7538 of 2004

DC No 899 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for leave s 118 DCA (Civil)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

27 October 2004

DELIVERED AT:

Brisbane

HEARING DATE:

27 October 2004

JUDGES:

McPherson JA, Davies JA, Fryberg J

Separate reasons for judgment of each member of the Court,  each concurring as to the order made

ORDER:

Application for leave to appeal dismissed

CATCHWORDS:

CRIMINAL COMPENSATION – where applicant was refused criminal compensation in the District Court, for three counts of unlawful carnal knowledge of her by the respondent – whether or not learned District Court judge erred by dismissing her application on the basis, inter alia,  that she contributed to the offences committed against her by consenting to them 

Criminal Code 1899 (Qld), s 663B

COUNSEL:

S J Hamlyn-Harris for the applicant
No appearance for the respondent

M Hinson SC for the Attorney-General (Qld), as amicus curiae

SOLICITORS:

Legal Aid Queensland for the applicant
No appearance for the respondent

Crown Solicitor for the Attorney-General (Qld), as amicus curiae

McPHERSON JA: The applicant Shauna Moran seeks leave to appeal against the dismissal of her application for criminal compensation under section 663B of the Criminal Code.

On 13th November 1992, the respondent Ian Broadbent pleaded guilty to three counts of unlawful carnal knowledge of her.  The essential ground of appeal that the applicant seeks to argue before this Court is that the learned District Court Judge erred in law by dismissing her application, as it is submitted, on the basis that she consented to the offences committed against her.

At the time of the offences in 1990 and 1991, the applicant was between 14 and 15 years of age.  She is now 28 years old.  The respondent was in his early twenties at the time of the offences and was then approximately six and a‑half years older than she.

The respondent had previously gone out with the elder sister of the applicant.  After they broke up, he remained a trusted friend of the applicant's family and would often visit the applicant's brother.

The applicant developed an infatuation with the respondent and in June of 1990, he started to kiss her after they saw a movie together.  But she told him on that occasion that she only wanted to be friends.

The subject of the first count of unlawful carnal knowledge occurred on 31st July 1990 when the respondent visited the applicant's house.  After they had watched a movie together, the respondent led her into her elder sister's bedroom, undressed her, and they had sexual intercourse.

The subject of the second count occurred on 11th September 1990 when, after a school dance, the respondent picked the applicant up and drove her to Mount Coot‑tha where they had intercourse in the front seat of the car.

The third…