Sanderson v Kajewski

[2000] QSC 270

SUPREME COURT OF QUEENSLAND

CITATION:

Sanderson v Kajewski [2000] QSC 270

PARTIES:

MEGAN JAYNE SANDERSON
(applicant)
v
ANDREEW FRANK KAJEWSKI
(respondent)

FILE NO/S:

SC No 5114 of 2000

DIVISION:

Chambers

PROCEEDING:

Application for Criminal Compensation

DELIVERED ON:

12 July 2000

DELIVERED AT:

Brisbane

HEARING DATE:

6 June 2000

JUDGE:

Thomas JA. 

ORDER:

The respondent to pay to the applicant the sum of $35,000.

CATCHWORDS:

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO THE DISPOSAL OF PROPERTY – COMPENSATION - QUEENSLAND – unlawful carnal knowledge – effect of Regulation 1B of Criminal Offence Victims Regulation 1995 – need to show “impact because of the offence” – appropriate level of compensation where applicant’s substance abuse, subsequent criminal offence and promiscuity not necessarily attributable to offence in respect of which compensation sought – probability of some of her complaints emerging in any event – scaling down from worst case scenario

Criminal Offence Victims Act 1995 (Qld) s 20, s 22, s 24
Criminal Offence Victims Regulation 1995 (Qld) Reg 1B

COUNSEL:

L Shephard for the applicant
No appearance for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
No appearance for the respondent

1. THOMAS JA: This is an application for compensation under the Criminal Offence Victims Act 1995.

1. The offences in question were indecent dealing and unlawful carnal knowledge of a girl under 16.  They occurred on 18 January 1996 when the claimant was 14 years old.

1. The offender was the 22-year-old husband of the applicant's cousin with whom the applicant was, until then, on good terms.  The applicant visited her cousin who was heavily pregnant.  She, in company with some other relatives, watched videos, drank alcohol and took marijuana.  The applicant fell ill and vomited.  She went to sleep in a bed in the spare room. 

1. The circumstances plainly show an older man taking unfair advantage of a 14-year-old girl who was sick from over indulgence in alcohol and marijuana.  The taking of the alcohol and the marijuana was no doubt engineered by the offender although the claimant seems to have been a willing enough participant in consuming those substances. However, she could not reasonably be held to have contributed to her injury or the consequences of the unlawful carnal knowledge that later ensued.  The offender persistently visited her that night subjecting her to considerable attention and pressure and, not to use too many words, took unfair advantage of her.  In the result, the applicant was extremely distressed by the incident.  Many adverse impacts are said to have occurred to her life as a consequence. 

1. The entitlement to compensation arises under regulation 1A of the Criminal Offence Victims Regulation 1995 as amended in 1997. This provision applies to the present matter notwithstanding that the offence occurred in 1996. In relation to sexual offences, it is not now necessary that the ordinary definition of "injury" in section 20 of the Act be met. It is expressly declared in regulation 1A that for section…