R v Ward; ex parte Dooley

Case [2000] QCA 493


SUPREME COURT OF QUEENSLAND

CITATION: Dooley v Ward  [2000] QCA 493
PARTIES: SUSAN JOY DOOLEY
(applicant/respondent)
v
THOMAS DARRYL WARD
(respondent/appellant)
FILE NO/S: Appeal No 8093 of 2000
DC No 389 of 2000
DIVISION: Court of Appeal
PROCEEDING: General Civil Appeal
ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON: 1 December 2000
DELIVERED AT: Brisbane
HEARING DATE: 10 November 2000
JUDGES Pincus JA, Byrne and Cullinane JJ
Judgment of the Court
ORDER: Appeal allowed with costs and amount of compensation awarded reduced to $15,750.
CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO THE DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – appellant ordered to pay compensation to respondent on account of various injuries suffered from assault occasioning bodily harm – compensation table in Schedule 1 of Criminal Offence Victims Act 1995 gave range of percentages of scheme maximum for each type of injury suffered – s 22(4) provided that "maximum amount of compensation" be reserved for most serious cases – whether "maximum amount of compensation" referred to scheme maximum or to highest percentage provided in range for particular type of injury – whether trial judge's assessment of compensation excessive

Criminal Offence Victims Act 1995 (Qld), s 22(4), s 25

Buckland v Estate of Kennedy [2000] QSC 337; SC No 2488 of 2000, 2 October 2000, approved

Sanderson v Kajewsky [2000] QSC 270; SC No 5114 of 2000, 12 July 2000, approved

COUNSEL: A J Rafter for the appellant
R M Bourke for the respondent
SOLICITORS: Dearden Lawyers for the appellant
Goodfellow & Scott for the respondent
  1. THE COURT:  This is an appeal by leave from an order made in the District Court on 25 August 2000.  Under the Criminal Offence Victims Act 1995 the appellant was ordered to pay the sum of $30,000 compensation for injuries caused to Susan Joy Dooley, following from the conviction of the appellant on a charge of having assaulted her, occasioning her bodily harm. There were three components of the award:

Bruising and laceration  $  3,750
Neck, back, chest injury  $  7,500
Mental or nervous shock  $18,750

  1. It emerged during the argument on the application for leave, conducted by Mr Rafter on behalf of the appellant and Mr Bourke for the respondent, that disposition of the case might depend upon the meaning of s 22(4) of the Act:

"The maximum amount of compensation provided under this part is reserved for the most serious cases and the amounts provided in other cases are intended to be scaled according to their seriousness".

The expression "maximum amount of compensation" in s 22(4) could possibly have the same meaning as "scheme maximum" referred to in s 25(2), quoted below. On the other hand, it might be intended to refer instead to the various maxima expressed in terms of percentages in the compensation table mentioned in s 25(4).

  1. Section 25 reads, in full, as follows:

"(1)       In making a compensation order, a…

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AGLC
R v Ward; ex parte Dooley [2000] QCA 493
Case
[2000] QCA 493
Decision Date

CaseChat Overview and Summary

In the case of R v Ward; ex parte Dooley, the appellant, Ward, was ordered to pay compensation to the respondent, Dooley, for injuries sustained from an assault occasioning bodily harm. The dispute arose under the provisions of the Criminal Offence Victims Act 1995, specifically concerning the interpretation of the compensation table and the meaning of "maximum amount of compensation." The matter was brought before the Queensland Court of Appeal.

The central legal issues were whether the term "maximum amount of compensation" in section 22(4) of the Act referred to the scheme maximum or the highest percentage provided in the range for each type of injury, and whether the trial judge had erred in assessing the amount of compensation awarded. The respondent argued that the maximum amount should correspond to the highest percentage in the compensation table, while the appellant contended that it referred to the scheme maximum.

The Court of Appeal held that the term "maximum amount of compensation" referred to the scheme maximum rather than the highest percentage provided in the range for a particular type of injury. The court found that the trial judge had assessed the compensation amount correctly but had erred in the total compensation awarded, deeming it excessive. Consequently, the appeal was allowed, and the amount of compensation was reduced to $15,750.

The final order of the court was to allow the appeal with costs and to reduce the amount of compensation awarded to the respondent to $15,750. This decision clarified the interpretation of the compensation provisions in the Act and provided guidance on the application of the compensation table.

Orders

Orders of the court

Appeal allowed with costs and amount of compensation awarded reduced to $15,750.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

Summary and conclusion

Ratio Decidendi

Legal Principle Established

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