Pagan v Priday

[2009] QDC 431

DISTRICT COURT OF QUEENSLAND

 CITATION:

Pagan v Priday  [2009] QDC 431

 PARTIES:

RYAN IAN PAGAN

Applicant

v

MATTHEW ALLAN PRIDAY

Respondent

FILE NO/S:

114/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

16 December 2009

DELIVERED AT:

Beenleigh

HEARING DATE:

16 December 2009

JUDGE:

Dearden DCJ

ORDER:

Order that the respondent, Matthew Allan Priday, pay the applicant, Ryan Ian Pagan, the sum of $750. 

CATCHWORDS:

APPLICATION – criminal compensation – common assault – facial disfigurement or bodily scarring – where victim’s injuries cannot be attributed to the respondent. 

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld)

Victims of Crime Assistance Act 2009 (Qld)

Acts Interpretation Act 1954 (Qld)

CASES:

Paterson v Chand & Chand [2008] QDC 214

Lewis v Williams [2005] QCA 314

SAY v AZ [2007] 2 Qd R 363

Stannard v Lane [2000] QSC 086

COUNSEL:

G. Cross for the applicant

M. Howden for the respondent

SOLICITORS:

Colin Patino for the applicant

Howden Saggers for the respondent

HIS HONOUR:  This is an application by the applicant, Ryan Ian Pagan, seeking criminal compensation from the respondent, Matthew Allan Priday, arising out of an incident which occurred at Hillcrest, Queensland, on 12 March, 2006. 

The respondent pleaded guilty before me at the Beenleigh District Court, on 26 June, 2008, to a single count of common assault, and was fined $250, with no conviction recorded (Exhibit MM2, Sentencing Remarks, Affidavit of Mark Meikle, sworn 15 August, 2009). 

The prosecution entered a nolle prosequi in respect of a count of grievous bodily harm against the respondent relating to injuries suffered by the applicant out of the same incident.  (Exhibit MM2, Sentencing Submissions, Affidavit of Mark Meikle, sworn 15 August, 2009).  

FACTS
An altercation occurred at an 18th birthday party at Hillcrest.  The respondent and applicant were both present, and both were affected by alcohol, as were others. 

The applicant spoke to a Dale Thoroughgood, who perceived the applicant as "cutting in" on him as he was talking to a Ms Jana McKay.  There had been other conduct that night, on the part of the applicant, towards Mr Thoroughgood, which had caused some tension between them (Exhibit MM2, Sentencing Submissions, pp.1-3, Affidavit of Mark Meikle, sworn 15 August, 2009).

The prosecutor then outlined the critical incident as follows:  "It's at this point that Mr Thoroughgood has thrown several punches in the area of the complainant's right eye.  Other members of the party then became involved in what was to be a melee.  At the commencement of, or during that melee, Mr Priday threw a single punch which connected with the complainant's right cheek. 

Mr Pagan's injuries are mostly significant fractures of his zygomatic bone area.  However, due to the involvement of the other people, it would be the Crown's submission that the majority of that involvement was on the part of Mr Thoroughgood and the fact that Mr Priday only threw a single punch, the Crown cannot contribute (sic) these injuries to the conduct of Mr Priday, and it's most…