Oxenford v Coolwell

[2006] QDC 30

DISTRICT COURT OF QUEENSLAND

CITATION:

Oxenford v Coolwell [2006] QDC 030

PARTIES:

PETER JAMES OXENFORD

(Applicant)
v
DARRYL PAUL COOLWELL
(Respondent)

FILE NO/S:

D93 of 2005

DIVISION:

Civil Jurisdiction

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

24 February 2006

DELIVERED AT:

Brisbane

HEARING DATE:

22 November 2005

JUDGE:

Tutt DCJ

ORDER:

That the respondent pay to the applicant the sum of $21,000.00 by way of compensation for injuries caused by the respondent to the applicant for which the respondent was convicted by this court on 17 February 2005.

CATCHWORDS:

Criminal compensation – assault occasioning bodily harm – including bruising and lacerations – compensation Schedule 1 – mental or nervous shock.

Criminal Offence Victims Act 1995 ss. 24, 25(6) and (7) and 31.

Ferguson v Kazakoff [2000] QSC 156.

LMW v Nicholls [2004] QDC 118.

SAM v SAM [2001] QCA 12.

SOLICITORS:

Mr D J Hutchings of Gilshenan & Luton for the applicant.

No appearance for the respondent.

Introduction

1. The applicant, Peter James Oxenford, claims compensation under Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) for bodily injury he sustained arising out of the criminal conduct of the respondent, Darryl Paul Coolwell, who was convicted by the District Court at Beenleigh on 17 February 2005 for a miscellany of offences including the offence of armed robbery with personal violence to the applicant on 2 April 2004. The respondent is currently serving a term of imprisonment and was served with the application and supporting material but made no appearance at the hearing.[1]

   [1]           See affidavit of service of Dale Morrow sworn 23 September 2005 and filed by leave.

1. The application for compensation is made pursuant to s 24 of the Act and is supported by the following material:-

(a)        the affidavit with exhibits of the applicant, sworn 25 July 2005 and filed at Beenleigh on 22 August 2005;

(b)        three affidavits with exhibits of Lena Gatti, paralegal sworn 5 August 2005 and filed at Beenleigh on 22 August 2005; sworn 16 November 2005 and filed 17 November 2005 and sworn 17 November 2005 and filed 18 November 2005 respectively; and

(c)        the affidavits with exhibits of Ian Lynagh, consultant psychologist, sworn 4 July 2005 and filed at Beenleigh on 22 August 2005..

Facts

1. The applicant is a police officer aged 39 years.  At the time of the incident he was off duty and was resting at his home.  He was awakened by his wife who informed him that she had seen a person of Aboriginal appearance entering his mother’s home which was several blocks away.  He ran up to his mother’s house and entered.  He then encountered the respondent who was armed with a car key which the respondent used as a weapon against the applicant.  A struggle ensued between the applicant and the respondent during which the applicant was aided by his wife and mother.  The applicant wrestled and struggled with the respondent and during the struggle the applicant was…