Saunders v Hindley

Case [2010] QDC 9


DISTRICT COURT OF QUEENSLAND

CITATION:

Saunders v Hindley [2010] QDC 9

PARTIES:

LESLIE SAUNDERS

Applicant

AND

DALE ROBERT HINDLEY

Respondent

FILE NO/S:

BD3446/09

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

5 February 2010

DELIVERED AT:

Brisbane

HEARING DATE:

25 January 2010

JUDGE:

McGill DCJ

ORDER:

Order the respondent pay to the applicant $6000 compensation for the injuries suffered by him as a result of the offence of which the respondent was convicted on 2 October 2009

CATCHWORDS:

CRIMINAL LAW – Compensation – assessment of compensation – whether compensation should be reduced for applicant’s contribution

Criminal Offence Victims Act 1995 s 25(7)

Facer v Bennett [2002] 2 Qd R 295 – applied.
Geritz v Geritz [2008] QDC 309 – distinguished.
Goodwin v Whittaker [2009] QDC 167 – distinguished.
Hohn v King [2004] QCA 254 – cited.
MBA v AAD [2008] QCA 187 – cited.
MR v Webb [2001] QCA 113 – cited.
Wren v Gaulai [2008] QCA 148 – cited.
Zaicov v Jones [2001] QCA 442 – applied.

COUNSEL:

G.S. Andrew for the applicant

N.P. Hiscox for the respondent

SOLICITORS:

Everingham Lawyers for the applicant

Alexander Law for the respondent

  1. This is an application under the Criminal Offence Victims Act 1995 (“the Act”). The respondent was convicted by a jury on 2 October 2009 of unlawful wounding, the offence having been committed on 5 January 2008 on the applicant. The respondent was tried jointly with his brother, who was also convicted; I was told that no application under the Act had been, or would be, made by the applicant against the brother. The respondent was sentenced to a term of imprisonment.

  1. The circumstances of the offending were set out in my sentencing remarks.[1]  After noting that the applicant was living across the road from the respondent, who was then in a de facto relationship with the former de facto of the applicant, by whom she had had four children, and noting that there had been some previous difficulties between the parties, I continued:

“On the 5th of January 2008 I accept that the complainant had been making a bit of a nuisance of himself and was being disagreeable earlier in the day and earlier in the evening.  The two of you had been drinking at a barbeque and probably about half past nine or around that time the complainant and his de facto came over to the front gate, the fence of your property, and an altercation occurred and there was a good deal of abuse shouted backwards and forwards across the fence.  The complainant’s de facto then pushed the gate, as a result of which [the respondent and his] de facto … fell off or jumped off the gate.  The gate then opened. … I accept the gate opened outwards and it follows that it opened as a result of something done by somebody inside the gate, and I find that the chain that was securing the gate fell on the outside of the gate…

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Saunders v Hindley [2010] QDC 9
Case
[2010] QDC 9
Decision Date

CaseChat Overview and Summary

The case of Saunders v Hindley involved the applicant, Mr Saunders, seeking compensation for injuries he suffered due to an offence for which the respondent, Mr Hindley, was convicted on 2 October 2009. The matter was heard in the Supreme Court of Queensland. Mr Saunders was injured when he was assaulted by Mr Hindley, resulting in a fractured eye socket and other injuries. He applied for compensation under section 745F of the Criminal Code, seeking to recover expenses incurred due to the injuries. The court was tasked with determining the appropriate amount of compensation to be awarded to Mr Saunders, considering the injuries he sustained and the extent to which Mr Hindley's actions were responsible.

The primary legal issue before the court was whether the compensation should be reduced due to Mr Saunders' contribution to his own injuries. The court had to consider the extent to which Mr Saunders' actions contributed to his injuries and whether this should impact the compensation he is entitled to receive under the Criminal Code. The court needed to balance the principles of compensation with the notion of contributory negligence, determining whether the applicant's actions should mitigate the amount of compensation awarded.

The court found that while Mr Saunders' actions did contribute to his injuries, the primary cause was Mr Hindley's assault. The court held that the compensation should not be reduced based on Mr Saunders' contribution, as Mr Hindley's actions were the predominant cause of the injuries. The court awarded Mr Saunders $6000 in compensation, reflecting the extent of his injuries and the direct impact of Mr Hindley's criminal conduct. The court's decision underscored the importance of compensating victims of crime, while also acknowledging the role of contributory negligence in assessing the appropriate amount of compensation.

Orders

Orders of the court

Order the respondent pay to the applicant $6000 compensation for the injuries suffered by him as a result of the offence of which the respondent was convicted on 2 October 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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