DISTRICT COURT OF QUEENSLAND
CITATION: Ryan v. Ziebarth [2001] QDC 057 PARTIES: RHONDA GEORGINA RYAN (Applicant)
And
PAUL ANTHONY ZIEBARTH (Respondent)FILE NO/S: D13 of 2001 DIVISION: Civil PROCEEDING: Application for Criminal Compensation ORIGINATING COURT: District Court, Maroochydore DELIVERED ON: 6 April 2001 DELIVERED AT: District Court, Maroochydore HEARING DATE: 26 March 2001 JUDGE: Robertson DCJ ORDER: I order the respondent to pay to the applicant by way of compensation the sum of $11,250. CATCHWORDS: CRIMINAL LAW – Compensation – application for criminal compensation – applicant raped by ex-partner – whether award assessable under Schedule 1 Criminal Offence Victims Act 1995 or Regulation 1A Criminal Offence Victims Regulation 1995
Cases Cited
Whyte v. Robinson [2000] QCA 999
Ferguson v. Kasakoff [2000] QSC 156
M.R. v. Webb [2001] QCA 113
Dooley v. Ward [2000] QCA 493
Sanderson v. Kajewski [2000] QSC 270
Buckland v. Estate of Kennedy [2000] QSC 337Statutes Judicially Considered
Criminal Offence Victims Act 1995, ss.20, 22, 24
Criminal Offence Victims Regulation 1995, regulation 1A
Statutory Instruments Act 1992, s.21(1)
Acts Interpretation Act 1954, s.14B(1)(b)COUNSEL: J Stevenson (for the applicant)
CK Copley (for the respondent)SOLICITORS: Legal Aid Queensland (for the applicant)
Brett Smith & Co (for the respondent)
The applicant seeks compensation pursuant to s.24 of the Criminal Offence Victims Act 1995 (the Act). The respondent pleaded guilty in the District Court at Ipswich to one count of rape committed on the 26th February 1998 at Leichhardt, Queensland. On 1st of May 1998 I sentenced the respondent to imprisonment for 2½ years with the recommendation that he be eligible for release on parole after serving six months.
At the time of the offence the applicant was 23 years of age. She had been in a de facto relationship with the respondent for some 5½ years. The relationship had ended some short time before the incident and the applicant was living separately and apart from the respondent with her daughter. On the day of the offence the respondent called at the house, and he and the applicant took the child to her pre-school and then returned to her residence. It was on this occasion that the respondent forced the applicant to have sexual intercourse with him. During the commission of the offence the applicant struggled violently to prevent intercourse occurring but she was unsuccessful. Immediately after the respondent left the house the applicant vomited as a result of her distress. Examination of the applicant by the Government Medical Officer soon thereafter revealed no physical injury but that the applicant was very distressed and crying intermittently.
The applicant has seen Dr Nigel Prior, Consultant Psychiatrist, who has provided an affidavit to which is annexed a report dated 15th of June 2000. In that report Dr Prior says:
“Ms Ryan shows evidence of the following conditions as defined by the Diagnostic and Statistical Manual of Mental Disorders (4th Edition).
1.Anxiety Disorder (Not Otherwise Specified)
2.Social Phobia.
The anxiety disorder has arisen as a result of…
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- AGLC
- Ryan v Ziebarth [2001] QDC 57
- Case
- [2001] QDC 57
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the award of compensation was assessable under Schedule 1 of the Criminal Offence Victims Act 1995 or Regulation 1A of the Criminal Offence Victims Regulation 1995. The distinction between these two provisions was crucial as it affected the amount of compensation Ryan could receive.
In making its decision, the court considered the nature of the offence and the resulting trauma experienced by Ryan. It was held that the compensation should be assessed under Schedule 1, which provides for higher levels of compensation. The court found that the appropriate amount of compensation to be awarded was $11,250.
Accordingly, the court ordered that the respondent, Ziebarth, pay the applicant, Ryan, the sum of $11,250 by way of compensation. This decision ensured that Ryan received the appropriate level of compensation for the harm suffered as a result of the criminal act committed against her.
Orders
Orders of the court
I order the respondent to pay to the applicant by way of compensation the sum of $11,250.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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