Re John Victor Asquith

The case of Re John Victor Asquith involved an application for criminal compensation under Section 663B of the Criminal Code of Queensland. The applicant, John Victor Asquith, sought compensation for injuries sustained when his de facto wife, Patricia Margaret Byers, shot him in the head while he was sleeping. The incident occurred on the night of 12-13 April 1993. Byers intended to murder Asquith, but he survived due to the bullet shattering on his skull. The court was required to determine the extent of Asquith's injuries, both physical and psychological, and the impact those injuries had on his ability to work and his overall well-being.

The legal issues before the court were whether Asquith's injuries, including his physical wounds, psychological trauma, and loss of earning capacity, were sufficient to warrant criminal compensation. The court also had to consider the extent to which Asquith's ongoing legal battles with Byers contributed to his condition and whether he had exaggerated his symptoms for the purpose of obtaining compensation. The court needed to weigh the credibility of the medical evidence provided by both parties and assess the overall impact of the injuries on Asquith's life.

Derrington J, in delivering the judgment, found that while Asquith had suffered significant physical injuries, these had largely resolved by the time of the hearing. The court accepted that Asquith had developed a chronic post-traumatic stress disorder as a result of the shooting and associated matters. However, the court found that some of Asquith's complaints were overstated and that he had exaggerated his problems. The court also noted that Asquith's ongoing litigation with Byers had aggravated his condition. Despite these findings, the court determined that Asquith was entitled to compensation for his injuries, including his lost earning capacity and pain, suffering, and loss of amenities. The court awarded Asquith a total of $26,500 in compensation.

In conclusion, the court ordered that the respondent, Patricia Margaret Byers, pay the applicant, John Victor Asquith, the sum of Twenty-six thousand five hundred dollars ($26,500.00) by way of compensation pursuant to Section 663B of the Criminal Code. This amount was determined to adequately compensate Asquith for the injuries and losses he had suffered as a result of the shooting.