PHF v Slee

[2010] QDC 223

DISTRICT COURT OF QUEENSLAND

CITATION:

PHF  v Slee [2010] QDC 223

PARTIES:

PHF  Applicant

AND

PHILLIP WAYNE SLEE

Respondent

FILE NO/S:

Rockhampton OA60/09

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court, Rockhampton

DELIVERED ON:

28 May 2010

DELIVERED AT:

Brisbane

HEARING DATE:

14 May 2010

JUDGE:

McGill DCJ

ORDER:

Order the respondent to pay to the applicant $6000 compensation in respect of the injury suffered by applicant as a result of the offending for which the respondent was sentenced on 29 January 2004.

CATCHWORDS:

CRIMINAL LAW – Compensation – mental or nervous shock – no diagnosable psychiatric illness – compensation assessed

Ferguson v Kazakoff [2001] 2 Qd R 320 - applied.
MR v Webb [2001] QCA 113 – followed.
Michael v Christiansen [2010] QDC 157 – followed.
RMC v NAC [2009] QSC 149 – not followed.
Vlug v Carrasco [2006] QCA 561 – applied.

COUNSEL:

J. Madden (Solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

The respondent was not represented

1. This is an application for compensation under the Criminal Offence Victims Act 1995. On 29 January 2004 the respondent pleaded guilty in the court at Rockhampton to one count of indecent treatment of a child under 16 years, the offence having been committed on the applicant. The plea to one count was accepted in discharge of the indictment which alleged two counts.

Evidence

1. According to the sentencing remarks the offence was committed on 9 June 2002 at a time when the applicant was aged 12.  The circumstances of the offending were that the applicant was sitting on the lap of the respondent while using a computer, and he touched her in the area of her breast on the outside and then the inside of her shirt.  She became upset and ran out of the room.  In the victim impact statement the applicant said that she felt very uncomfortable while this was going on, and scared, for some time after the incident her sleep was disrupted and she was wary about being in the vicinity of men.  She remained at the time of sentencing confused and angry as to why this happened.

1. In her affidavit she confirmed her loss of trust in males.  She had difficulties in sport at school, and was distracted and concerned about where boys were in the classroom.  She was uncomfortable about being taught by a male teacher.  She has in the past had to quit jobs because of an inability to work with men, and she will not go to a male doctor.  She avoids dressing in a feminine way in order not to attract men.

1. She was seen for the purpose of the report by a psychiatrist, Dr Pryor on 22 January 2007.  Dr Pryor did diagnose any psychiatric disorder, though he did note a moderate apprehension of older, unknown males, and a moderate underlying lack of security.  The applicant advised Dr Pryor that she had had some counselling, but no psychiatric treatment.  There was no history…