Puime v Walker

[2000] QDC 431

[2000] QDC 431
IN THE DISTRICT COURT

HELD AT CAIRNS  Application  No.45  of 2000

BEFORE HER HONOUR JUDGE BRADLEY

16 JUNE, 2000

Applicant:  JOSEPH JOHN PUIME
Respondent:                 JAYSON DAVID WALKER

REASONS FOR JUDGMENT

1. On 5 March, 1999 the respondent pleaded guilty to a charge –

   “That on 31^st July, 1998 at Mareeba he unlawfully assaulted Joseph John Puime and thereby did him bodily harm.”

1. Pursuant to s.24 of the Criminal Offence Victims Act the applicant has applied for an order that the respondent pay compensation to the applicant for injuries suffered as a result of the commission of the offence.

2. The respondent has been served with the application and the supporting material but has filed no material in reply and did not appear at the hearing of the application.

3. The applicant is currently 37 years of age and at the time of the offence was 35 years old and was serving a period of imprisonment at the Lotus Glen Correctional Centre.  He has no left leg except for a small stump and walks with crutches.

4. The offence occurred at the Lotus Glen Correctional Centre where both the applicant and the respondent were prisoners. I have not been provided with the transcript of the sentencing proceedings but from the police and witness statements tendered in evidence, particularly the statement of the applicant, it appears that in the days prior to the offence the applicant had had conversations with the respondent’s cell mate (Dawson) and had given him some tobacco, however on the day prior to the offence the applicant refused to give away any further tobacco and told Dawson to stop giving the tobacco away to his cell mate.  On the day of the offence the applicant and the respondent had a short verbal altercation in the lounge area of the cell block during which the respondent spat in the applicant’s face and then back-handed him across the forehead with a semi-closed fist.  Later in the afternoon as the applicant was about to enter his own cell the respondent threatened him.  The applicant then went to another cell and asked for assistance from two other prisoners.  The respondent came into that cell, pushed one of the other prisoners away, approached the applicant and punched him three times in the back of the head with a closed fist.  The applicant was covering his face with his hands.  The applicant fell to the floor and was kicked by the respondent in the ribs, the stump of his left leg and his right lower leg.  The respondent then walked away.

5. The applicant states that he suffered bleeding to his right shin as well as swelling and pain to his left ribs and the back of his head.

6. There is nothing in the statements or in the sentencing remarks of His Honour Judge White to indicate that any behaviour on the part of the applicant, directly or indirectly, contributed to his injuries.

7. The day following the offence the applicant was examined by a clinical nurse employed at the Lotus Glen Correctional Centre.  In her statement to police the nurse noted that –

   “The examination revealed a small abrasion with a small amount of swelling about 2.5 cm in diameter on the right side of the back of his neck. The examination also revealed that Puime had an abrasion about 10 cm long and 1 cm wide on his right shin which started about 2.5 to 3 cm below the knee.

Further examination revealed that Puime had no loss of movement to his affected side and was able to use his crutches without difficulty and could lift his arms up and down.”

1. Copies of the applicant’s medical records kept by Queensland Corrections have been tendered into evidence.  However these are somewhat difficult to decipher and do not appear to add anything to the statement of the clinical nurse.  No other medical evidence has been put before me and there is nothing to support the applicant’s statement in his affidavit filed in support of his application that –

   “I did not receive any stitches to the laceration on my leg because there was no vehicle available at the time to take me to the doctor or hospital in Mareeba.  As it was not a life or death situation an ambulance was not called.”

1. However, the applicant does state in his affidavit that-

   “The assault upon me caused injury to my ribs, side of my neck and on my right shin.  The injury to my shin caused pain and swelling.  Since the assault I have also been suffering from nightmares and have been having problems sleeping.”

1. I assess compensation in accordance with the criminal compensation table as follows:-

   Item 1 Bruising/laceration etc. (minor/moderate)   3%      $2,250.00

2. I order that the respondent do pay to the applicant the sum of $2,250.00 by way of compensation for the injuries suffered.