San v LJC

Case [2010] QDC 349

DISTRICT COURT OF QUEENSLAND

CITATION:

SAN v LJC [2010] QDC 349

PARTIES:

SAN

(Applicant)

V

LJC

(Respondent)

FILE NO/S:

BD92/2010

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

20 August 2010 (ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

19 July, 13 August 2010

JUDGE:

Irwin DCJ

ORDER:

The respondent pay the applicant the sum of $21,000 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offence of assault with intent to commit rape, which lead to the conviction of the respondent in the District Court at Brisbane on 27 August 2009

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 – application for criminal compensation – where the respondent was convicted of one count of assault with intent to commit rape – where the applicant suffered physical injury, a post-traumatic stress disorder to a moderate degree which was likely to persist indefinitely, and an adverse impact under reg 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld) as a result of the offence – assessment of compensation

Criminal Offence Victims Act 1995 (Qld) (repealed), s 20, s 21, s 22, s 24, s 25, s 26, s 30, Schedule 1

Criminal Offence Victims Regulation 1995 (Qld) (repealed), s 1A, s 2, s 2A

Uniform Civil Procedure Rules 1999 (Qld), r 110(a), r 112(d)

Victims of Crime Assistance Act 2009 (Qld), s 149, s 155(1)(a), s 155(2)(b)

AT v FG [2004] QCA 295, applied

R v Kazakoff; ex parte Ferguson [2001] 2 QD R 320, cited

JMR obo SRR v Hornsby [2009] QDC 147, cited

KMS v LJC [2010] QDC 284, considered

PAJ v AAK [2010] QCA 78, applied

R v Atwell; ex parte Jullie [2002] 2 Qd R 367, applied

R v Tiltman; ex parte Dawe (1995) QSC 345, applied

R v Ward; ex parte Dooley [2001] Qd R 436, applied

Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, applied

RMC v NAC [2009] QSC 149, applied

SAY v AZ; ex parte A-G (Qld) [2007] 2QdR 295; [2006] QCA 462, applied

SMR v LJC [2010] QDC 285, considered

STH v LJC [2010] QDC 303, considered

Wren v Gaulai [2008] QCA 148, applied

COUNSEL:

K. Worsnop (Solicitor) for the applicant

No appearance by or on behalf of the respondent

SOLICITORS:

Delaney & Delaney for the applicant

No appearance by or on behalf of the respondent

HIS HONOUR:  The applicant seeks compensation pursuant to
section 24 of the Criminal Offence Victims Act 1995 (Qld) (the
Act) for physical and emotional injuries caused by the attack
of the respondent on 19 July 2006.  The Act was repealed by
section 149 of the Victims of Crime Assistance Act 2009 (Qld)
(2009 Act) which commenced on…

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AGLC
SAN v LJC [2010] QDC 349
Case
[2010] QDC 349
Decision Date

CaseChat Overview and Summary

In the matter of San v LJC, the applicant, San, applied for criminal compensation against the respondent, LJC, under the Criminal Offence Victims Act 1995 (Qld). San suffered physical injury, a post-traumatic stress disorder to a moderate degree that was likely to persist indefinitely, and an adverse impact under regulation 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld) as a result of the offence. The respondent was convicted of one count of assault with intent to commit rape in the District Court at Brisbane on 27 August 2009. The central legal issues in this case were whether the applicant qualified for criminal compensation under the Act and, if so, the appropriate amount of compensation. The court had to consider the extent of the applicant's injuries and the impact of the offence on their life, as well as any relevant factors that might affect the compensation amount.

The court determined that San qualified for compensation under the Act as they had suffered physical injury, a post-traumatic stress disorder, and an adverse impact due to the offence. In assessing the appropriate compensation amount, the court considered the nature and severity of the injuries, the duration of the disorder, and the impact of the offence on San's life. The court also took into account the respondent's means and any relevant mitigating or aggravating factors. Ultimately, the court concluded that the appropriate compensation amount was $21,000, which the respondent was ordered to pay to the applicant.

In summary, the court found that San was entitled to compensation under the Criminal Offence Victims Act 1995 (Qld) due to the injuries and adverse impact suffered as a result of the offence committed by the respondent. The court assessed the appropriate compensation amount to be $21,000, which the respondent was ordered to pay to the applicant.

Orders

Orders of the court

The respondent pay the applicant the sum of $21,000 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offence of assault with intent to commit rape, which lead to the conviction of the respondent in the District Court at Brisbane on 27 August 2009

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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