DISTRICT COURT OF QUEENSLAND
CITATION: Pereira v Peterson [2005] QDC 030 PARTIES: DANIEL PEREIRA
Applicant
and
BRENDAN ANDREW PETERSON
Respondent
ZOE PEREIRA
Applicant
and
BRENDAN ANDREW PETERSON
Respondent
HUMBERTO PEREIRA
Applicant
and
BRENDAN ANDREW PETERSON
Respondent
FILE NOs: 734/04, 735/04 & 736/04 PROCEEDING: Application ORIGINATING COURT: District Court Southport
DELIVERED ON: 25 February 2005 DELIVERED AT: Southport HEARING DATE: 7, 15 February 2005 JUDGE: Robin QC DCJ ORDER: Respondent ordered to pay $5,750 in 734/04, $5,000 in 735/04 and $7,250 in 736/04 CATCHWORDS: APPLICATIONS FOR CRIMINAL COMPENSATION BY FAMILY MEMBERS who were assaulted by the intoxicated respondent when they tried to remove him from their yard – minor physical injuries but extreme mental and nervous shock – whether applicants directly or indirectly contributed to these injuries – credit allowed to respondent for sums paid pursuant to compensation orders made on his sentence
Criminal Offence Victims Act 1995 s 22, s 24, s 25(7)
Penalties and Sentences Act 1992 s 35Cases cited:
Grahame v Dean [2001] QSC 420
Hockley v Sowden [2000] QCA 9
Hohn v King [2004] QCA 254COUNSEL: Mr C Bagley – applicant
Mr A J Kimmins – respondent
SOLICITORS: McLaughlins Solicitors – applicant
Price & Roobottom – respondent
Mr Daniel Pereira, his mother Zoe, and his father, Humberto have made separate applications for compensation under s 24 of the Criminal Offence Victims Act 1995 (“the Act”) against Brendan Andrew Peterson, who pleaded guilty on 17 February 2004 to personal offences against each of them, committed on a single occasion in the early hours of the morning (some time before 3.45am when police apprehended) him on 17 August 2001. Whether any defence in the nature of self-defence or otherwise might have been available to the respondent is irrelevant, given his guilty plea. However, circumstances that might have been relevant to that potentially bear on the argument presented by Mr Kimmins for the respondent that there was behaviour by each applicant “that directly or indirectly contributed to the injury” for purposes of s 25(7) of the Act.
The application in respect of Mr Pereira senior mis-states the offence, which was not one of assault occasioning bodily harm, as in the others, but one of serious assault on the basis that the victim’s age was greater than 60. Both he and his wife were 68.
On the sentence, the Crown Prosecutor informed the Court the respondent was a 27 year old customs officer (the furtherance of whose career moved me to formulate a sentence not involving the recording of a conviction) and went on:
“…he has no criminal history. All counts on the indictment relate to a single incident which occurred when the prisoner was in the yard of the residence of Zoe and Humberto Pereira, the complainants in count 1 and 2, in the early hours of the morning of the 17th of August 2001.
Humberto and Zoe Pereira reside on the corner of Burrendong Road and Hansford Road, Coombabah. The home is enclosed by…
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- AGLC
- Pereira v Peterson [2005] QDC 30
- Case
- [2005] QDC 30
- Decision Date
CaseChat Overview and Summary
The court found that the applicants were not contributors to the injuries, either directly or indirectly. They acted in self-defence and to protect their property. The court acknowledged the mental and nervous shock experienced by the applicants, which was a valid claim under the applicable legislation. The court also took into account the compensation orders already paid by the respondent. The court awarded the applicants $5,750, $5,000, and $7,250 respectively, deducting credit for the amounts previously paid by the respondent.
The court's decision was based on a careful assessment of the evidence and the legislation. The applicants were found to have acted reasonably and without fault, which was a necessary condition for their claim. The court appropriately weighed the evidence of the mental and nervous shock and considered the compensation already paid by the respondent. The court's calculation of the final amounts owed was clear and logical, taking into account the credit for previous payments.
The court ordered the respondent to pay the applicants $5,750, $5,000, and $7,250 respectively, after deducting the credit for prior compensation payments. This decision provided appropriate compensation to the applicants while also recognising the respondent's prior payments.
Orders
Orders of the court
Respondent ordered to pay $5,750 in 734/04, $5,000 in 735/04 and $7,250 in 736/04
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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