Sabee v A

[2004] QDC 71

[2004] QDC 071

DISTRICT COURT
CIVIL JURISDICTION

JUDGE HOATH

No 141 of 2004

JACQUES SABEE	Applicant
and
A	Respondent
BRISBANE ..DATE 11/03/2004
ORDER

11032004 T01/EGR18 M/T CMS25/2004 (Hoath DCJ)

HIS HONOUR: This is an application by Jacques Sabee for	1
compensation for injuries received as a result of the offence of assault occasioning bodily harm whilst armed and in company committed upon him by the respondent, A, on the 29th of October 1999. The respondent was convicted of that offence in

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the District Court on the 12th of February 2001. At the time
of the offence, the applicant was 58 years of age.

He was at the Inala Civic Centre, waiting to catch a bus when he remonstrated with the respondent, a 17 year old youth, over

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the respondent wantonly damaging a shopping trolley. The
respondent reacted by grabbing an iron bar and striking the
applicant once to the left rib area and once to the left
forearm before striking the respondent twice to the top of the

head. Following the assault, the applicant immediately

30

attended the Inala Medical Centre where two seven centimetre
lacerations to his forehead were sutured.

The applicant was also observed to have swelling to his left elbow and bruising to the left side of his chest. As a result

40

of the blow to his ribs, the applicant suffered pain and
discomfort for approximately a month. The injuries to his
head caused headaches on and off for a period of six to eight
weeks. The wounds to the applicant's forehead have however

healed without any continuing disability and the scars are

50

covered by his hair.

The applicant has become hyper vigilant when in public and
believes that he has lost some confidence. He does not
11032004 T01/EGR18 M/T CMS25/2004 (Hoath DCJ) 2 ORDER 60

experience any flashbacks or nightmares, but does think about	1
the assault from time to time. There was no conduct on the part of the applicant that directly or indirectly contributed to the injury or injuries suffered by him. The applicant's entitlement to compensation falls to be assessed on the basis

10

of the lacerations to his scalp, bruising and some mental and
nervous shock.

All those injuries are injuries referred to in the compensation table in schedule 1 of the Criminal Offence

20

Victims Act. In my view, a reasonable assessment of the applicant's entitlement is, as to the bruising and lacerations, five per cent. And as to the mental and nervous shock, five per cent, giving a total of 10 per cent of the scheme maximum of $75,000, namely, $7,500.

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I order that the respondent pay the applicant the sum of $7,500 by way of compensation for the injury received as a result of the offence of assault occasioning bodily harm whilst armed and in company for which the respondent was

40

convicted on the 12th of February 2001.

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3 ORDER 60