S v H

[2010] QDC 219

DISTRICT COURT OF QUEENSLAND

CITATION:

S v H [2010] QDC 219

PARTIES:

S

(Applicant)

v

H

(Respondent)

FILE NO/S:

D540/2009

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court of Queensland

DELIVERED ON:

28 May 2010

DELIVERED AT:

Southport

HEARING DATE:

24 May 2010

JUDGE:

Newton DCJ

ORDER:

Respondent to pay criminal compensation to the applicant in the amount of $45,000.00

CATCHWORDS:

Criminal law – order for compensation – where applicant awarded $45,000.00 in criminal compensation after respondent convicted of two counts of indecent dealing with a child under 16 and one count of rape – application of section 20 Criminal Offence Victims Act 1995 (Qld) and section 1A Criminal Offence Victims Regulation 1995 (Queensland) – relevance of pre-existing vulnerabilities – nature of injury relevant to assessment of compensation for sexual offences

Criminal Offence Victims Act 1995 (Qld), s20, s22, s24, s25.

Criminal Offence Victims Regulation 1995 (Qld), s1A.

Vlug v Carrasco [2006] QCA 561

SAY v AZ  [2007] 2 Qd 263

COUNSEL:

Mr S Hamlyn-Harris (applicant)

The respondent conducted his own case

SOLICITORS:

Legal Aid Queensland – applicant

The respondent conducted his own case

1. This is an application for criminal compensation pursuant to the provisions of section 24 of the Criminal Offence Victims Act 1995 for injuries sustained as a result of offences which led to the conviction of the respondent on 7 September 2006 upon indictment for two counts of indecent dealing of a child under 16 and one count of rape.

1. In my sentencing remarks of 14 December 2006 I stated as follows:

“You have pleaded guilty to two counts of indecent treatment of a child under 16, and one count of rape.  The victim, in respect of each of the three counts, was your sister-in-law.  She was 15 at the time.
The summary of facts, placed before the Court by the Crown Prosecutor, shows that, in respect of count 1, you touched the breast on the inside of the complainant's bra for some 30 to 60 seconds, and then placed your hand on the complainant's other breast.  As far as count 2 is concerned, this, again, involved a touching of the complainant's breasts.  Count 3 is an offence of digital penetration, and, thus, falls within the current definition of the offence of rape.
The summary of facts states that you pulled the covers over the child back, placed your hand down her pants, down her underwear, and put your fingers inside her vagina, for maybe two minutes.  The complainant described your actions in this regard as penetrating and running your fingers along the vulva, but not penetrating very far, and that is the basis upon which the Crown accepts your plea of guilty to count 3 on the indictment.
Two pretext telephone conversations took place shortly after the offences had been committed, and you made statements that would be, no doubt, accepted as incriminating.
Originally, when interviewed by the police, you denied all allegations, but when the pretext telephone conversations were played to you, you admitted that…