RSB v Rar - [2009] QDC 195

DISTRICT COURT OF QUEENSLAND

CITATION:

RSB v RAR [2009] QDC 195

PARTIES:

RSB

(Applicant)

V

RAR

(Respondent)

FILE NO/S:

220 of 2009

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court at Southport

DELIVERED:

Ex tempore on 15 June 2009

DELIVERED AT:

Southport

HEARING DATE:

15 June 2009

JUDGE:

Kingham DCJ

ORDER:

1. The respondent pay the applicant $30,000 by way of compensation.

CATCHWORDS:

CRIMINAL COMPENSATION – mental or nervous shock severe – adverse impacts from sexual offences

Criminal Offence Victims Act 1995 (Qld), s 24

Criminal Offence Victims Regulation 1995 (Qld), reg 1A.

COUNSEL:

Bagley for the applicant

SOLICITORS:

Cobb & Winter for the applicant

No appearance for the respondent

HER HONOUR: This is an application by BB as

litigation guardian for RSB, for an order that

RAR pay compensation to her for injuries she

sustained as a result of his offences against her.

The application stated that she proceeded pursuant to a

provision of the Criminal Code, but it is clear from the

submissions by her counsel that it is intended to proceed

pursuant to the Criminal Offence Victims Act 1995, section 24,

and to the extent that it is necessary, I grant leave to amend

the application.

The application was served personally on RAR. He has

not appeared. On 1 May 2008, before me, RAR pleaded

guilty to four counts of indecent treatment of a child under

16 under his care, and one count of carnal knowledge. I

sentenced him to a number of concurrent terms of imprisonment,

the longest being two years, and I suspended those terms after

Mr RAR had served 18 months.

All five charges arose out of incidents that occurred on the

night of the 30th of September 2007 while the complainant,

then not yet 15, was staying at RAR’s house, at the

invitation of one of his sons. There were acts of digital

penetration, oral sex, procuring RSB to masturbate him,

and sexual intercourse. As a result, RSB has suffered

mental and nervous shock and other adverse impacts of the

offences.

She has produced a report by Ms Boast, psychologist, who

diagnosed her as still suffering from post-traumatic stress

disorder. Given the period over which the symptoms have been

manifest, she diagnosed it as a chronic condition.

This is evident from the traumatic event being persistently

re-experienced through recurrent, intrusive recollections,

recurrent nightmares, flashbacks, and intense distress when

touched by others.

All these were frequent shortly after the incident. They have

receded recently, but not completely, and some impacts are

still routinely experienced.

RSB can no longer bear anyone talking about sexual assault

matters. She avoids areas where she feels she may encounter

RAR, who lives in the same locality. She is no longer

physically active, and as a result has put on a large amount

of weight. She has not pursued her earlier plans to study to

become a teacher, although she is now completing secondary

schooling part-time at TAFE and is in the process of re-

establishing a smaller group…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading RSB v Rar

Details

AGLC: RSB v RAR [2009] QDC 195
Case: [2009] QDC 195
Decision Date: 15 June 2009

CaseChat Overview and Summary

The matter before the court involved an application by a victim of sexual offences for compensation under the Criminal Injuries Compensation Scheme. The applicant, identified as RSB, sought compensation for the severe mental or nervous shock resulting from the sexual offences committed against them. The respondent, identified as Rar, was the person convicted of the offences. The case was heard in the Supreme Court of Queensland.

The primary legal issue before the court was whether RSB's claim for compensation was substantiated under the Scheme. Specifically, the court needed to determine if the adverse impacts RSB experienced from the sexual offences were severe enough to warrant compensation and if the applicant had fulfilled the requisite criteria for such compensation. The court also had to assess the appropriate amount of compensation, if any, to be awarded to RSB.

The court examined the evidence presented regarding the severity of RSB's mental or nervous shock and its impacts on their life. The court found that RSB had indeed suffered severe mental or nervous shock as a result of the sexual offences. The adverse impacts included significant emotional distress, anxiety, and other mental health issues that severely affected RSB's daily life. Considering the nature and extent of these impacts, the court determined that RSB's claim for compensation was well-founded. The court concluded that RSB was entitled to compensation and awarded the applicant $30,000.

Orders

Orders of the court

1. The respondent pay the applicant $30,000 by way of compensation.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	RSB v RAR [2009] QDC 195
PARTIES:	RSB (Applicant) V RAR (Respondent)
FILE NO/S:	220 of 2009
PROCEEDING:	Application for Criminal Compensation
ORIGINATING COURT:	District Court at Southport
DELIVERED:	Ex tempore on 15 June 2009
DELIVERED AT:	Southport
HEARING DATE:	15 June 2009
JUDGE:	Kingham DCJ
ORDER:	1. The respondent pay the applicant $30,000 by way of compensation.
CATCHWORDS:	CRIMINAL COMPENSATION – mental or nervous shock severe – adverse impacts from sexual offences Criminal Offence Victims Act 1995 (Qld), s 24 Criminal Offence Victims Regulation 1995 (Qld), reg 1A.
COUNSEL:	Bagley for the applicant
SOLICITORS:	Cobb & Winter for the applicant No appearance for the respondent