Robinson v. Cahill

[2007] QDC 234

DISTRICT COURT OF QUEENSLAND

CITATION:

Robinson v Cahill [2007] QDC 234

PARTIES:

SHANE ANDREW ROBINSON

(Applicant)

V

LEONARD JAMES CAHILL

(Respondent)

FILE NO/S:

27/2007

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

10 October 2007

DELIVERED AT:

Beenleigh

HEARING DATE:

19 September 2007

JUDGE:

Dearden DCJ

ORDER:

The respondent Leonard James Cahill pay the applicant Shane Andrew Robinson the sum of $9,750

CATCHWORDS:

Application – criminal compensation – assault occasioning bodily harm – bruising – chest injury

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss 22(4), 24, 25(7), 26

CASES:

R v Ward; ex parte Dooley [2001] 2 Qd R 436

Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337

COUNSEL:

Ms H Moran for the applicant

No appearance for the respondent

SOLICITORS:

Quinn and Scattini Lawyers for the applicant

No appearance for the respondent

Introduction

1. The applicant Shane Andrew Robinson seeks compensation in respect of injuries suffered by him arising out of an incident which occurred on 21 September 2002 at Boronia Heights, resulting in the respondent Leonard James Cahill pleading guilty before Judge Healy in the Beenleigh District Court on 27 February 2004 to one count of assault occasioning bodily harm. The respondent was sentenced to a 12 month intensive correction order.

Facts

1. The applicant was, at the time of the offence, a 33 year old tow truck driver and was married to the respondent’s sister. At the time of the offence, the respondent was residing with his family in a caravan at the rear of the applicant’s property, but on the day of the offence, was in the process of packing up to move. The applicant arrived home around midday and helped the respondent pack up his belongings. Shortly into this process, the respondent asked the applicant to come into the annexe of the caravan to help him with a broken door lock. As the applicant entered the annexe, the respondent jumped him, put him in a choker hold, then threw him around the annexe. The applicant was then lifted off the ground. The applicant was pinned against the side of the caravan and lost control of his bowels. He then dropped to the ground. The respondent grabbed him by the hair and began punching him several times around the head and to the left side of his ribs. The respondent then kicked the applicant in the torso, causing the applicant to have difficulty breathing.

1. The applicant estimates that the assault went on for around 15 minutes, before the applicant’s wife, Brenda Gray, came into the annexe. Ms Gray says that she heard the respondent say something like “I really should have fucked him. I should have done more”. The applicant managed to get himself back to the house where he saw that one eye was bloodshot and that his mouth and nose were bleeding. An ambulance was called, and while the applicant was being attended to, the respondent was heard by ambulance officers to say “This is…