Nielsen v Bullingham - [2010] QDC 32

DISTRICT COURT OF QUEENSLAND

CITATION:

Nielsen v Bullingham [2010] QDC 32

PARTIES:

BRADLEY JOHN NIELSEN

(Applicant)

V

LUCAS JAMES BULLINGHAM

(Respondent)

FILE NO/S:

BD3607/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

27 January 2010 (ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

27 January 2010

JUDGE:

Irwin DCJ

ORDER:

The respondent pay the applicant the sum of $16,500 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 on one count of serious assault – where the applicant suffered a minor abrasion, minor bodily scarring and moderate mental or nervous shock – assessment of compensation

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

Criminal Offence Victims Regulation 1995 (Qld), s 2

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

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

Nikas v Melville [2004] QDC 460, distinguished

R v Tiltman; ex parte Dawe [1995] QSC 345, 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

Shannon v Barry [2009] QDC 392, applied

Tolscher v George, Queensland District Court, 6 at 2001, 6 November 2001, distinguished

Wakerly v Jupiter [2002] QDC 283, distinguished

Wren v Gaulai [2008] QCA 148, applied

COUNSEL:

F.F. Reid (Solicitor) for the applicant

No appearance of the respondent

SOLICITORS:

O’Keefe Mahoney Bennett for the applicant

No appearance for the respondent

DISTRICT COURT

CIVIL JURISDICTION

JUDGE IRWIN

No 3607 of 2009

BRADLEY JOHN NIELSEN	Applicant
and
LUCAS JAMES BULLINGHAM	Respondent

BRISBANE

..DATE 27/01/2010

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 offence of serious assault upon the applicant on or about the 29th day of November 2006 at Fortitude Valley in the State of Queensland.

The respondent was convicted on indictment for this offence on 16 January 2008. The respondent pleaded guilty and was sentenced by Judge Trafford-Walker on that date. A conviction was recorded and he was sentenced to be imprisoned for a period of 12 months with an order that his parole release date be fixed as 16 April 2008.

The originating application and the relevant supporting material was served personally on the respondent on 5 January 2010. There was no appearance by the respondent on the date of this hearing.

Section 24 of the Act provides for compensation in respect of convictions on indictment of a personal offence for an injury suffered by an…

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 Nielsen v Bullingham

Details

AGLC: Nielsen v Bullingham [2010] QDC 32
Case: [2010] QDC 32
Decision Date: 27 January 2010 (ex tempore)

CaseChat Overview and Summary

Nielsen, the applicant, brought a claim against Bullingham, the respondent, for criminal compensation pursuant to section 24 of the Criminal Offence Victims Act 1995 (Qld). Nielsen suffered a minor abrasion, minor bodily scarring, and moderate mental or nervous shock as a result of an incident with Bullingham, who was convicted of one count of serious assault. The Queensland Court of Appeal was tasked with assessing the appropriate level of compensation to award Nielsen.

The court was required to determine the appropriate quantum of compensation Nielsen should receive. The focus was on the injuries and the impact on Nielsen, including both physical and psychological harm. The court had to consider the principles of fairness and justice in assessing compensation in criminal cases.

The court held that Nielsen's injuries, while not severe, did warrant compensation. It acknowledged the physical injuries, the psychological impact, and the effect on Nielsen's quality of life. After considering the principles of fairness and the relevant statutory framework, the court awarded Nielsen the sum of $16,500 as compensation. This amount reflected the harm suffered and was deemed a just and reasonable outcome.

Orders

Orders of the court

The respondent pay the applicant the sum of $16,500 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

Full text does not contain this section.

CITATION:	Nielsen v Bullingham [2010] QDC 32
PARTIES:	BRADLEY JOHN NIELSEN (Applicant) V LUCAS JAMES BULLINGHAM (Respondent)
FILE NO/S:	BD3607/09
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court, Brisbane
DELIVERED ON:	27 January 2010 (ex tempore)
DELIVERED AT:	Brisbane
HEARING DATE:	27 January 2010
JUDGE:	Irwin DCJ
ORDER:	The respondent pay the applicant the sum of $16,500 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 on one count of serious assault – where the applicant suffered a minor abrasion, minor bodily scarring and moderate mental or nervous shock – assessment of compensation Criminal Offence Victims Act 1995 (Qld), s 20, s 21, s 22, s 24, s 25, Sch 1 Criminal Offence Victims Regulation 1995 (Qld), s 2 Ferguson v Kazakoff [2001] 2 Qd R 320; [2000] QSC 156, cited JMR obo SRR v Hornsby [2009] QDC 147, applied Nikas v Melville [2004] QDC 460, distinguished R v Tiltman; ex parte Dawe [1995] QSC 345, 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 Shannon v Barry [2009] QDC 392, applied Tolscher v George, Queensland District Court, 6 at 2001, 6 November 2001, distinguished Wakerly v Jupiter [2002] QDC 283, distinguished Wren v Gaulai [2008] QCA 148, applied
COUNSEL:	F.F. Reid (Solicitor) for the applicant No appearance of the respondent
SOLICITORS:	O’Keefe Mahoney Bennett for the applicant No appearance for the respondent