Schwerin v. Keong

[2007] QDC 275

[2007] QDC 275

DISTRICT COURT

CIVIL JURISDICTION

JUDGE O'SULLIVAN

No 2166 of 2007

KYLIE RENEE SCHWERIN	Applicant
and
JOHN OWEN KEONG	Respondent

BRISBANE

..DATE 17/09/2007

JUDGMENT

HER HONOUR:  The applicant seeks compensation against the respondent arising from his conviction for unlawful stalking with threats of violence and for breach of the Domestic Family Violence Protection Act order and for assault.

The applicant was born on 25 July, 1985.  The offences occurred in September 2006.  The respondent was sentenced to two years imprisonment with a fixed parole release date of
.  The circumstances of the stalking are set out in my sentencing remarks, and I do not propose to elaborate further in these Reasons.  As is plain from my sentencing remarks it was persistent and serious instances of stalking. 

9th October, 2008

The applicant provided a victim impact statement and an affidavit.  She refers to the following problems:

§  Panic and unwillingness to leave home and social;

§  Inability to sleep;

§  Headaches due to stress;

§  Flashbacks;

§  Alternating mood swings between anger and depression;

§  Paranoia especially manifest in distrust of strangers especially male;

§  Reduced communication with her parents and brother;

§  Nightmares;

§  Difficulties with continuing her university studies and delayed completion of her degree;

§  General unhappiness;

§  Exhaustion.

I have a report from Rachel Hampson, psychologist who outlines the problems the applicant has experienced and various tests she administered.  She diagnosis an adjustment disorder with mixed anxiety and depressed mood.  She considers the applicant has subjective distress which is moderate, and she has a moderate/severe level of difficulty in her general functioning.

The solicitor for the applicant has submitted that it is within my discretion to award a maximum for nervous or mental shock of 34 per cent of the scheme maximum and that is to award a sum of $25,500.  I consider that a little too high and that the appropriate figure is one of 25 per cent of the maximum, namely the sum of $18,750.  The solicitor for the applicant has submitted, and I agree, there was no contributing behaviour within Section 25(7) of the Criminal Offences Victims Act. 

I order the respondent to pay to the applicant the sum of $18,750 by way of criminal compensation.

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