Ryan v Ziebarth

[2001] QDC 57

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 337

Statutes 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)

1. 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 26^th February 1998 at Leichhardt, Queensland.  On 1^st 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.

1. 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.

1. The applicant has seen Dr Nigel Prior, Consultant Psychiatrist, who has provided an affidavit to which is annexed a report dated 15^th 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 (4^th Edition).

1.Anxiety Disorder (Not Otherwise Specified)

2.Social Phobia.

The anxiety disorder has arisen as a result of…