SM obo M-H v NK

[2005] QDC 408

DISTRICT COURT OF QUEENSLAND

CITATION:

SM obo M-H v NK [2005] QDC 408

PARTIES:

SM as litigation guardian for
M-H

Applicant

v

NK

Respondent

FILE NO:

291/2005

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Southport

DELIVERED ON:

  2005

DELIVERED AT:

Southport

HEARING DATE:

26 September 2005

JUDGE:

Dearden DCJ

ORDER:

The respondent, NK, pay the applicant, SM as litigation guardian for M-H, the sum of $3,750.00.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION - ATTEMPTING TO UNLAWFULLY PROCURE A CHILD – PERSONAL OFFENCE - MENTAL OR NERVOUS SHOCK

Criminal Offence Victims Act 1995 s 19, 21, 24, 25, 33

Criminal Offence Victims Regulation

Cases cited:

Pettingill v Minister for Justice and Attorney-General [2003] QSC 385
JI v. AV [2002] 2 Qd R 367
R v Ward ex parte Dooley [2001] 2 Qd R 436
Riddle v Coffey [2002] 133 A Crim R 220
Summers v Dougherty & Anor [2000] QSC 365

COUNSEL:

Mr S J Taylor  (Solicitor) for the applicant  

No appearance for the respondent

SOLICITORS:

Price & Roobottom for the applicant  

1. The applicant, SM (litigation guardian for the complainant, M-H [“the complainant”]), seeks compensation in respect of injuries suffered by the complainant arising out of an incident which occurred on 6 July 2002, resulting in the respondent, NK, pleading guilty before Judge O’Sullivan in the District Court, Southport on 17 June 2003 to one count of attempting to unlawfully procure a child under 12 years to commit an indecent act.  The respondent was sentenced to six months’ imprisonment and ordered to report his correct name and address to police within 24 hours of his release from prison for a period of three years.

Facts

1. The complainant is a child who was, at the time of the offence, 8 years old and then a resident at the Miami Caravan Park.  On 6 July 2002 the complainant, together with two siblings and his mother, SM, were playing at a beachside park just north of the Miami Surf Club on Marine Parade, Miami, Gold Coast.  The complainant and his brother were riding their scooters on a bike track south towards Burleigh while his mother and sister were playing on the swings in the park.  About five minutes after the two brothers had set off, they returned separately.  The complainant, who had a look of fright on his face, reported that a male person (subsequently identified as the respondent) had approached him and said, “I’m looking for a dick to suck on.”  The complainant identified the respondent to his mother, Ms Martinez, who then pursued the respondent and found him seated in the company of another young male child on the beach.  With the assistance of bystanders and subsequently police, the respondent was taken into custody and in due course charged by police with the relevant offence to which he pleaded guilty on 17 June 2003[1].

   [1] This summary of the facts is drawn from T 7 of the submissions on sentence

The Law

1. This is an application under s 24 of the Criminal Offence…