Murphy v Orbell - [2010] QDC 30

DISTRICT COURT OF QUEENSLAND

CITATION:

Murphy v Orbell [2010] QDC 30

PARTIES:

RITA MERLE MURPHY

(Applicant)

V

MARK ANTHONY ORBELL

(Respondent)

FILE NO/S:

D105/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court at Toowoomba

DELIVERED ON:

4 February 2010 (ex tempore)

DELIVERED AT:

Toowoomba

HEARING DATE:

4 February 2010

JUDGE:

Irwin DCJ

ORDER:

The respondent pay the applicant the sum of $33,000 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld).

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 – respondent convicted of one count each of grievous bodily harm and deprivation of liberty – where the applicant suffered a minor laceration, severe bruising, a nose fracture requiring surgery, a minor facial fracture, a minor back and neck injury and moderate mental or nervous shock as a result of the offences – assessment of compensation

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

Criminal Offence Victims Regulation 1995 (Qld) s 2

AT v FG [2004] QCA 293, applied

Ferguson v Kazakoff [2001] 2 Qd R 320; [2000] QSC 156, cited

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

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

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

RMC v NAC (2009) QSC 149, cited

R v Tiltman; ex parte Dawe (1995) QSC 345, applied

Wren v Gaulai [2008] QCA 148, applied

COUNSEL:

J.M. Davies (Solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

John Davies & Co for the applicant

No appearance for the respondent

DISTRICT COURT

CIVIL JURISDICTION

JUDGE IRWIN

No D105 of 2009

RITA MERLE MURPHY	Applicant
and
MARK ANTHONY ORBELL	Respondent

TOOWOOMBA

..DATE 04/02/2010

ORDER

HIS HONOUR: This is an application for criminal compensation under section 24 of the Criminal Offence Victims Act 1995(Qld)(the Act) for injuries sustained, because of the offences of grievous bodily harm and deprivation of liberty to the applicant on 6 May 2008 at Toowoomba, of which the respondent was convicted on indictment on 22 January 2009.

In relation to these offences he was sentenced to be imprisoned for a period of five years for grievous bodily harm and for three years on the deprivation of liberty. He was also convicted and sentenced on further related offences on the same date but these do not form the basis of the application. The overall effect of sentence was that the respondent be imprisoned for five years with his parole eligibility date fixed at 1 January 2010.

The originating application and the relevant supporting material was served on the respondent on 5 January 2010 by delivering them to the Visits Processing Officer at the correctional centre where the respondent…

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 Murphy v Orbell

Details

AGLC: Murphy v Orbell [2010] QDC 30
Case: [2010] QDC 30
Decision Date: 4 February 2010 (ex tempore)

CaseChat Overview and Summary

The case of Murphy v Orbell involved an application for criminal compensation by the applicant, Murphy, against the respondent, Orbell, who was convicted of grievous bodily harm and deprivation of liberty. The dispute arose from an incident in which Murphy suffered various injuries, including a minor laceration, severe bruising, a nose fracture necessitating surgery, a minor facial fracture, a minor back and neck injury, and moderate mental or nervous shock. The matter was heard in the Queensland Court of Appeal.

The central legal issue before the court was the appropriate assessment of the compensation to be awarded to Murphy under section 24 of the Criminal Offence Victims Act 1995 (Qld). The court had to determine the extent of the physical and psychological injuries sustained by Murphy and the extent to which these injuries impacted his quality of life, in order to calculate the appropriate compensation amount.

The court considered the evidence presented regarding Murphy's injuries and the impact on his life. The injuries included a combination of physical harm and psychological trauma, which together warranted a significant compensation amount. The court found that the injuries were severe enough to warrant a substantial award, considering the lasting effects on Murphy's health and well-being. The court awarded Murphy $33,000 in compensation, reflecting the totality of his injuries and their impact on his life.

The court's final order was that Orbell pay Murphy $33,000 by way of compensation. This decision was based on a comprehensive assessment of the injuries sustained and their long-term effects, ensuring that Murphy received appropriate recognition and support for the harm he endured.

Orders

Orders of the court

The respondent pay the applicant the sum of $33,000 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld).

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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CITATION:	Murphy v Orbell [2010] QDC 30
PARTIES:	RITA MERLE MURPHY (Applicant) V MARK ANTHONY ORBELL (Respondent)
FILE NO/S:	D105/09
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court at Toowoomba
DELIVERED ON:	4 February 2010 (ex tempore)
DELIVERED AT:	Toowoomba
HEARING DATE:	4 February 2010
JUDGE:	Irwin DCJ
ORDER:	*The respondent pay the applicant the sum of $33,000 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act* 1995 (Qld).**
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 – respondent convicted of one count each of grievous bodily harm and deprivation of liberty – where the applicant suffered a minor laceration, severe bruising, a nose fracture requiring surgery, a minor facial fracture, a minor back and neck injury and moderate mental or nervous shock as a result of the offences – assessment of compensation Criminal Offence Victims Act 1995 (Qld) s 20, s 21, s 22, s 24, s 25, s 26, Sch 1 Criminal Offence Victims Regulation 1995 (Qld) s 2 AT v FG [2004] QCA 293, applied Ferguson v Kazakoff [2001] 2 Qd R 320; [2000] QSC 156, cited JMR obo SRR v Hornsby [2009] QDC 147, cited R v Ward; ex parte Dooley [2001] 2 Qd R 436, applied Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, applied RMC v NAC (2009) QSC 149, cited R v Tiltman; ex parte Dawe (1995) QSC 345, applied Wren v Gaulai [2008] QCA 148, applied
COUNSEL:	J.M. Davies (Solicitor) for the applicant No appearance for the respondent
SOLICITORS:	John Davies & Co for the applicant No appearance for the respondent