R v Browne, ex parte Nairn

SUPREME COURT OF QUEENSLAND

CITATION:

R v Browne, ex parte Nairn [2001] QSC 044

PARTIES:

R
v
DANIEL FRANK BROWNE
(respondent)
EX PARTE JOHN PATRICK NAIRN
(applicant)

FILE NO:

S8502 of 1999

DIVISION:

Trial Division

DELIVERED ON:

27 February 2001

DELIVERED AT:

Brisbane

HEARING DATES:

13 December 1999, 31 January 2000, 16 February 2000, 29 May 2000, 21 June 2000, 21 September 2000, 25 October 2000, 29 November 2000

JUDGE:

Helman J

ORDERS:

Order that the respondent pay to the applicant $100,000 by way of compensation for the injuries he suffered as a result of the offence committed by the respondent.

Order that the respondent pay to the applicant his costs of and incidental to the application to be assessed.

CATCHWORDS:

CRIMINAL – application for criminal compensation -  above-elbow amputation of left arm

Acts Interpretation Act 1954
Criminal Code

Criminal Code Amendment Act 1984

Criminal Offence Victims Act 1995
Workers Compensation Act 1916
WorkCover Queensland Act 1996

Chong v Chong [1999] QCA 314

COUNSEL:

Mr P B Rashleigh for the applicant
The respondent in person

SOLICITORS:

M A Kent & Associates for the applicant

1. HELMAN J: This is an application for an order for compensation for injury suffered by the applicant at the hands of the respondent on or about 13 January 1995 at Yengarie, Queensland. His application is made under the repealed sections of Chapter 65A -ss.663A to 663E inclusive - of the Criminal Code: see s. 46(2) of the Criminal Offence Victims Act 1995.

1. On 5 August 1996 the respondent was before me in Maryborough, Queensland for trial on a charge of attempting to murder the applicant, alternatively unlawfully doing grievous bodily harm to the applicant intending to do so.  The respondent pleaded not guilty to both counts.  On 8 August he was found not guilty of attempted murder but guilty on the alternative count, and I sentenced him to imprisonment for ten years.  The respondent applied to the Court of Appeal for leave to appeal against his sentence but on 4 February 1997 leave was refused.

1. The applicant suffered a number of injuries in the incident which gave rise to the charges against him.  According to the applicant he was assaulted by two residents of the house in which he was living at 1 Bridge Street, Yengarie:  the respondent and another man.  The respondent struck the applicant a number of times with an axe, first using the handle and then the head:  in the face, on the calf of the right leg, on the bare toes of the left foot, and on the left arm above the elbow.  The blow to the left arm was the heaviest and had the most serious consequences.  The other man’s attack was with hot water and a pick handle, but its consequences were of little significance compared with those of the respondent’s attack.

1. At the trial an issue arose as to whether the applicant had threatened his attackers with a knife, and the applicant denied his doing so but admitted…