RZ v PAE - [2007] QCA 166

SUPREME COURT OF QUEENSLAND

CITATION:

RZ (by his litigation guardian) v PAE [2007] QCA 166

PARTIES:

RZ (BY HIS LITIGATION GUARDIAN RAA)
(applicant/applicant/appellant)
v
PAE
(respondent)
ATTORNEY-GENERAL OF QUEENSLAND
(intervenor)

FILE NO/S:

Appeal No 10997 of 2006
DC No 3010 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Application - Civil

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

25 May 2007

DELIVERED AT:

Brisbane

HEARING DATE:

30 April 2007

JUDGES:

de Jersey CJ, McMurdo P and Philippides J
Joint reasons for judgment of McMurdo P and Philippides J; separate reasons of de Jersey CJ dissenting

ORDER:

1. Application for leave to appeal granted but limited to the question of whether the offence to which the respondent subjected the appellant was a "personal offence" under the Criminal Offence Victims Act 1995 (Qld)
2. Appeal allowed with costs to be assessed
3. The order of the District Court of 27 November 2006 is set aside
4. Instead, the respondent is to pay the appellant $7,500
5. Grant the respondent an indemnity certificate under s 15 Appeal Costs Fund Act 1973 (Qld)

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – where respondent convicted of attempting unlawfully to procure a child to commit an indecent act – whether an attempt to procure amounts to a “personal offence” under Criminal Offence Victims Act 1995 (Qld)

CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – PROCURATION – where respondent convicted of attempting unlawfully to procure a child to commit an indecent act – whether offence that does not involve physical contact with victim is a “personal offence”

Appeal Costs Fund Act 1973 (Qld), s 15
Criminal Code Act 1899 (Qld), s 4, s 210(1)(b), s 535, s 663B
Criminal Offence Victims Act 1995 (Qld), s 5, s 18(4), s 19(1)(a), s 20, s 21, s 24
District Court of Queensland Act 1967 (Qld), s 118(3)

CRP v Hettrick [2005] QDC 125; BD578 of 2005, 26 May 2005, disapproved
French v Green CA No 4481 of 1997, 19 December 1997, considered
R v Moors; ex parte Alex [1994] 2 Qd R 315, applied
SM obo M-H v NK [2005] QDC 408; 291 of 2005, 26 September 2005, approved
Summers v Dougherty [2000] QSC 365; S8503 of 2000, S8505 of 2000, S8508 of 2000, 19 October 2000, considered

COUNSEL:

A F Maher for the appellant
The respondent appeared on his own behalf
K A Mellifont for the intervenor

SOLICITORS:

Trilby Misso for the appellant
The respondent appeared on his own behalf
Crown Law for the intervenor

e JERSEY CJ:d The respondent pleaded guilty in the District Court to a charge of attempting unlawfully to procure the applicant, a child aged under 16 years, to commit an indecent act (ss 210(1)(b), 535 Criminal Code Act 1899 (Qld)). The factual…

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 RZ v PAE

Details

AGLC: RZ v PAE [2007] QCA 166
Case: [2007] QCA 166
Decision Date: 25 May 2007

CaseChat Overview and Summary

The case of RZ v PAE involved a dispute between the appellant, RZ, and the respondent, PAE, following PAE's conviction for attempting unlawfully to procure a child to commit an indecent act. The matter was heard in the Queensland Court of Appeal, which was required to determine whether the offence of attempting to procure a child to commit an indecent act constituted a "personal offence" under the Criminal Offence Victims Act 1995 (Qld). This determination was critical as it would affect the potential compensation payable to the appellant under the Act.

The primary legal issue the Court of Appeal had to address was whether the offence of attempting to procure a child to commit an indecent act, which did not involve physical contact with the victim, qualified as a "personal offence" under the Queensland legislation. The Court had to interpret the term "personal offence" and consider whether it included attempts to commit such acts, particularly in the context of the broader objectives of the Victims Act. This interpretation was essential to understand the scope of the compensation scheme and to determine the extent of the respondent's liability.

In delivering its judgment, the Court of Appeal held that the offence in question did amount to a "personal offence" under the Criminal Offence Victims Act 1995 (Qld). The Court reasoned that the statutory language was broad enough to encompass attempts to commit such acts, even in the absence of physical contact. Consequently, the Court concluded that the respondent was liable to pay compensation to the appellant. The appeal was allowed, and the compensation amount was set at $7,500. The Court also granted the respondent an indemnity certificate under the Appeal Costs Fund Act 1973 (Qld), ensuring that the respondent would not be liable for the appellant's costs incurred in the appeal process.

Orders

Orders of the court

1. Application for leave to appeal granted but limited to the question of whether the offence to which the respondent subjected the appellant was a "personal offence" under the Criminal Offence Victims Act 1995 (Qld)

2. Appeal allowed with costs to be assessed

3. The order of the District Court of 27 November 2006 is set aside

4. Instead, the respondent is to pay the appellant $7,500

5. Grant the respondent an indemnity certificate under s 15 Appeal Costs Fund Act 1973 (Qld)

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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CITATION:	RZ (by his litigation guardian) v PAE [2007] QCA 166
PARTIES:	RZ (BY HIS LITIGATION GUARDIAN RAA) (applicant/applicant/appellant) v PAE (respondent) ATTORNEY-GENERAL OF QUEENSLAND (intervenor)
FILE NO/S:	Appeal No 10997 of 2006 DC No 3010 of 2006
DIVISION:	Court of Appeal
PROCEEDING:	Miscellaneous Application - Civil
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	25 May 2007
DELIVERED AT:	Brisbane
HEARING DATE:	30 April 2007
JUDGES:	de Jersey CJ, McMurdo P and Philippides J Joint reasons for judgment of McMurdo P and Philippides J; separate reasons of de Jersey CJ dissenting
ORDER:	1. Application for leave to appeal granted but limited to the question of whether the offence to which the respondent subjected the appellant was a "personal offence" under the Criminal Offence Victims Act 1995 (Qld) 2. Appeal allowed with costs to be assessed 3. The order of the District Court of 27 November 2006 is set aside 4. Instead, the respondent is to pay the appellant $7,500 *5. Grant the respondent an indemnity certificate under s 15 Appeal Costs Fund Act* 1973 (Qld)**
CATCHWORDS:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – where respondent convicted of attempting unlawfully to procure a child to commit an indecent act – whether an attempt to procure amounts to a “personal offence” under Criminal Offence Victims Act 1995 (Qld) CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – OTHER OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – PROCURATION – where respondent convicted of attempting unlawfully to procure a child to commit an indecent act – whether offence that does not involve physical contact with victim is a “personal offence” Appeal Costs Fund Act 1973 (Qld), s 15 Criminal Code Act 1899 (Qld), s 4, s 210(1)(b), s 535, s 663B Criminal Offence Victims Act 1995 (Qld), s 5, s 18(4), s 19(1)(a), s 20, s 21, s 24 District Court of Queensland Act 1967 (Qld), s 118(3) CRP v Hettrick [2005] QDC 125; BD578 of 2005, 26 May 2005, disapproved French v Green CA No 4481 of 1997, 19 December 1997, considered R v Moors; ex parte Alex [1994] 2 Qd R 315, applied SM obo M-H v NK [2005] QDC 408; 291 of 2005, 26 September 2005, approved Summers v Dougherty [2000] QSC 365; S8503 of 2000, S8505 of 2000, S8508 of 2000, 19 October 2000, considered
COUNSEL:	A F Maher for the appellant The respondent appeared on his own behalf K A Mellifont for the intervenor
SOLICITORS:	Trilby Misso for the appellant The respondent appeared on his own behalf Crown Law for the intervenor