Oram v Ahchoo - [2010] QDC 146

DISTRICT COURT OF QUEENSLAND

CITATION:

Oram v Ahchoo [2010] QDC 146

PARTIES:

LEE WILLIAM ORAM

(Applicant)

v

SIDONIE JAMIE SARAH AHCHOO

(Respondent)

FILE NO/S:

238/10

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

15 April 2010

DELIVERED AT:

Brisbane

HEARING DATE:

15 April 2010

JUDGE:

Rafter SC DCJ

ORDER:

The respondent pay to the applicant the sum of $15,000.00 by way of compensation pursuant to s.24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of unlawful wounding which led to the conviction of the respondent in the District Court at Brisbane on 12 September 2008.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – where the respondent convicted of unlawful wounding – where the applicant suffered physical injuries – assessment of compensation

Criminal Offence Victims Act 1995 (Qld), s 22, s 24, s 25

Criminal Offence Victims Regulation 1995 (Qld), s 2

Victims of Crime Assistance Act 2009 (Qld), s 149, s 155

R v Ward, ex-parte Dooley [2001] 2 Qd R 436; [2000] QCA 493

Temple v Fewster [2007] QDC 346

COUNSEL:

P Earl for the applicant

No appearance by or for the respondent

SOLICITORS:

Reardon & Associates for the applicant

No appearance by or for the respondent

Introduction

The applicant seeks compensation pursuant to s 24 Criminal Offence Victims Act 1995 (“the Act”) for physical injuries caused by the respondent on 29 January 2006. Section 149 Victims of Crime Assistance Act 2009, which commenced on 1 December 2009, repealed the Act. The originating application was filed on 25 January 2010. Section 155 Victims of Crime Assistance Act 2009 requires the application to be determined according to the Act.

On 12 September 2008 in the District Court at Brisbane, the respondent pleaded guilty, inter alia, to unlawful wounding. She was sentenced to 3 years imprisonment with a parole release date fixed at the date of the sentence. It was declared that she had served 267 days in pre-sentence custody from 30 January 2006 to 23 October 2006.

An order for substituted service was made by O’Brien DCJA on 31 March 2010.[1] Service was effected upon the respondent by means of an advertisement placed in The Courier Mail on 8 April 2010.[2] There was no appearance by or for the respondent.
[1]Affidavit of Rebecca Margaret Dunlop, filed 12 April 2010.
[2]Affidavit of Rebecca Margaret Dunlop, filed 12 April 2010.

Circumstances of the offence

The applicant was attacked by the respondent on 29 January 2006.

The applicant was in a relationship with the respondent between June 2005 and January 2006. The respondent lived with her mother and sister at North Rockhampton. On 29 January 2006, the applicant went to the house to visit the respondent. The respondent was in her bedroom. The respondent’s sister was in the lounge room and intoxicated. The applicant sat next to the respondent’s sister on the lounge. When the respondent entered from the bedroom she accused the applicant of sleeping with her sister. He denied it. The respondent walked…

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 Oram v Ahchoo

Details

AGLC: Oram v Ahchoo [2010] QDC 146
Case: [2010] QDC 146
Decision Date: 15 April 2010

CaseChat Overview and Summary

In the matter of Oram v Ahchoo, the applicant, Oram, sought compensation for injuries sustained as a result of an offence of unlawful wounding committed by the respondent, Ahchoo. The injuries were a consequence of an altercation in which Ahchoo unlawfully wounded Oram, leading to a conviction in the District Court at Brisbane on 12 September 2008. The legal dispute centred on the assessment of the appropriate compensation to be awarded to Oram under the provisions of the Criminal Offence Victims Act 1995.

The primary legal issue before the court was to determine the correct amount of compensation to be paid by Ahchoo to Oram. This involved assessing the extent of Oram's injuries, the impact of those injuries on his life, and the extent to which these injuries were a direct consequence of the unlawful wounding by Ahchoo. The court needed to consider various factors, including medical evidence, the nature and severity of the injuries, and the effect on Oram's physical and psychological well-being.

The court meticulously reviewed the evidence presented, including medical reports and testimonies, to ascertain the total extent of the injuries and their lasting impact. After careful consideration, the court concluded that Oram was entitled to compensation. The court awarded Oram $15,000.00, finding this amount to be commensurate with the injuries sustained and their impact on Oram's life. The court emphasised the importance of providing adequate compensation to victims of crime to aid in their recovery and to reflect the seriousness of the offence committed against them.

In light of the above, the court ordered Ahchoo to pay Oram the sum of $15,000.00 as compensation under the Criminal Offence Victims Act 1995. This decision underscores the importance of providing just and fair compensation to victims of crime, ensuring they receive appropriate support following their ordeal.

Orders

Orders of the court

The respondent pay to the applicant the sum of $15,000.00 by way of compensation pursuant to s.24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of unlawful wounding which led to the conviction of the respondent in the District Court at Brisbane on 12 September 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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CITATION:	Oram v Ahchoo [2010] QDC 146
PARTIES:	LEE WILLIAM ORAM (Applicant) v SIDONIE JAMIE SARAH AHCHOO (Respondent)
FILE NO/S:	238/10
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court Brisbane
DELIVERED ON:	15 April 2010
DELIVERED AT:	Brisbane
HEARING DATE:	15 April 2010
JUDGE:	Rafter SC DCJ
ORDER:	The respondent pay to the applicant the sum of $15,000.00 by way of compensation pursuant to s.24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offence of unlawful wounding which led to the conviction of the respondent in the District Court at Brisbane on 12 September 2008.
CATCHWORDS:	APPLICATION – CRIMINAL COMPENSATION – where the respondent convicted of unlawful wounding – where the applicant suffered physical injuries – assessment of compensation Criminal Offence Victims Act 1995 (Qld), s 22, s 24, s 25 Criminal Offence Victims Regulation 1995 (Qld), s 2 Victims of Crime Assistance Act 2009 (Qld), s 149, s 155 R v Ward, ex-parte Dooley [2001] 2 Qd R 436; [2000] QCA 493 Temple v Fewster [2007] QDC 346
COUNSEL:	P Earl for the applicant No appearance by or for the respondent
SOLICITORS:	Reardon & Associates for the applicant No appearance by or for the respondent