IN THE SUPREME COURT
OF QUEENSLAND
Writ No. 8921 of 1998
Before Wilson J
[Paten v Bale]
BETWEEN: TONI MARIE PATEN
PlaintiffAND: HENRY VALENTINE BALE
Defendant
REASONS FOR JUDGMENT - WILSON J
Delivered the 19th day of October 1999
The plaintiff claims damages for assault. An interlocutory judgment was entered, and after an unsuccessful application to set it aside the matter proceeded to an assessment of damages. At the hearing on quantum the defendant appeared without legal representation, and declined to lead evidence or to make submissions about quantum.
The plaintiffs claim relates to five separate assaults in relation to each of which the defendant was found guilty of indecent dealing and sentenced to a term of imprisonment.
The plaintiff was born on 26 January 1979. The assaults took place over a two year period between 24 December 1985 and 31 December 1987, ie when she was aged almost seven to almost nine. At the time she was living with her father and grandmother. The defendant, a family friend, was living over the road with his wife.
In an affidavit sworn on 30 June 1999 the plaintiff said that there had been very many incidents of abuse. She set out six of them, the last five of which formed the basis of the criminal charges and the basis of the claim for damages. She described the incidents as follows:-
Incident 1
(a)While alone in the defendants house, he got me to sit on his knee and showed me explicitly pornographic books depicting male and female persons having sex. I recall that the men in the pictures were coming. The defendant told me that this was what he wanted me to do.
Incident 2
b)The defendant called me into his bedroom and felt my vagina through my panties. He then felt my nipples. Finally, he took my panties off and licked my vagina. When he finished, he threatened me that he would hurt me if I told anybody.
Incident 3
(c)I went to the defendants place to get some butter for my nanna. The defendant sat me on his knee and felt the inside of my thigh and my vagina through my panties.
Incident 4
(d)I went to the defendants house and he showed me some pornographic magazines. He then took me to the bedroom and played with my clitoris while placing my hand on his penis and making me masturbate him by moving my hand up and down
Incident 5
(e)I went to the defendants house and he took me to the front bedroom where he made me lay on the bed with my legs hanging over the end. He spread my legs apart, pulled my panties off and licked my vagina. He wouldnt stop despite me asking him to.
Incident 6
(f)On or close to my eighth birthday, the defendant had me sit on his lap and started feeling my chest. He slipped my swimming togs aside with his other hand and I felt something go into my…
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- AGLC
- Paten v Bale [1999] QSC 317
- Case
- [1999] QSC 317
- Decision Date
CaseChat Overview and Summary
The court ordered the defendant to pay the plaintiff's costs of and incidental to the action, including reserved costs on the standard basis.
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