Paterson v Chand & Chand

[2008] QDC 214

DISTRICT COURT OF QUEENSLAND

CITATION:

Paterson v Chand & Chand [2008] QDC 214

PARTIES:

BRETT WILLIAM PATERSON
(Applicant)
v
SHAMAL CHAND
(First respondent)
and
SHAMMI CHAND
(Second respondent)

FILE NO/S:

133 of 2007

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court Beenleigh

DELIVERED ON:

29 August 2008

DELIVERED AT:

Beenleigh

HEARING DATE:

19 June 2008

JUDGE:

Dearden DCJ

ORDER:

The respondents Shamal Chand and Shammi Chand pay the applicant Brett William Paterson the sum of $23,250.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – ASSAULT OCCASIONING BODILY HARM WHILE ARMED AND IN COMPANY – BRUISING AND LACERATIONS – FACIAL DISFIGUREMENT – BODILY SCARRING – MENTAL OR NERVOUS SHOCK

LEGISLATION:

Criminal Offence Victims Act 1995 ss s 22, 24 25, 26

CASES:

R v Ward; ex parte Dooley [2001] 2 Qd R 436
Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337 Wren v Gaulai [2008] QCA 148

COUNSEL:

Mr F Reid (solicitor) for the applicant

No appearance for the respondents

SOLICITORS:

Lee Lawyers for the applicant

No appearance for the respondents

Introduction

1. The applicant Brett William Paterson seeks compensation in respect of injuries suffered by him in an incident which occurred on 1 October 2004 at the Harbour Town Shopping Complex, Gold Coast.  This incident resulted in the respondents, Shamal Chand and Shammi Chand each, pleading guilty to a count of assault occasioning bodily harm whilst armed with an offensive instrument and in company.  Shammi Chand also pleaded guilty to a charge of dangerous operation of a motor vehicle.

1. Shamal Chand was sentenced to nine months imprisonment, wholly suspended with an operational period of two years. 

Facts

1. The agreed statement of facts tendered on the sentencing proceedings as Exhibit 5[1] sets out the relevant facts in relation to this incident, which are as follows:-

   [1]Exhibit A, sentencing submissions p. 4, affidavit of Ross Lee sworn 18 October 2007.

“On the evening of 1^st October 2004 at about 10:50 pm the [applicant] took his 14 year old son to the cinema at Harbour Town Shopping Complex.  He first noticed the accused vehicle (sic), a white HiLux when he had stopped at the ATM whilst his son got money out of the ATM.  The accused car (sic) was parked closely to the ATM, and another male was seen talking to the occupants of the HiLux.  The [applicant] has then picked up his son and dropped him off near the cinema at the taxi rank.

At this point the [applicant] realised he was being followed.  The offenders have followed the [applicant’s] vehicle to an intersection of Brisbane Road and Badbridge Street where they have come into close contact with the [applicant’s] vehicle, on the offenders’ version, trying to see into the vehicle.  The [applicant] has then taken off, whilst being pursued by the offenders [respondents]. 

The [applicant] has exited his vehicle, having armed himself with a bat, and a confrontation developed, the [applicant] swinging his bat, and Shammi [second respondent] was swinging a stick.  The [applicant] has swung…