DISTRICT COURT OF QUEENSLAND
CITATION:
SMR v LJC [2010] QDC 285
PARTIES:
SMR
(Applicant)
V
LJC
(Respondent)
FILE NO/S:
BD294/2010
DIVISION:
Civil
PROCEEDING:
Application for criminal compensation
ORIGINATING COURT:
District Court, Brisbane
DELIVERED ON:
18 June 2010 (ex tempore)
DELIVERED AT:
Brisbane
HEARING DATE:
18 June 2010
JUDGE:
Irwin DCJ
ORDER:
The respondent pay the applicant the sum of $31,500 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offences of rape and sexual assault, 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 each of rape and sexual assault – where the applicant suffered abrasions, bruising and swelling to her back, left hand and arm, right knee and thigh, and moderate mental or nervous shock on the basis of a moderate post-traumatic stress disorder which had persisted for about 4 years and was likely to persist indefinitely, and adverse impacts under reg 1A(2) as a result of the offences – assessment of compensation
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 applicant suffered mental or nervous shock injuries compensable under s 20 of the Criminal Victims Act 1995 (Qld) as a result of the respondent’s sexual offending – whether the applicant also suffered discrete adverse impacts under reg 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld) which were not a part of the applicant’s s 20 injuries
Criminal Offence Victims Act 1995 (Qld) (repealed), s 20, s 21, 24, s 25, s 26, s 30, Schedule 1
Criminal Offence Victims Regulation 1995 (Qld) (repealed), s 1A, s 2, s 2A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 110(c)
Victims of Crime Assistance Act 2009 (Qld), s 149, s 155(1)(a), s 155(2)(b)
AT v FG [2004] QCA 295, applied
Ferguson v Kazakoff [2001] 2 QD R 320; [2000] QCS 156, cited
Hall v Dizo [2010] QDC 71, applied
JMR obo SRR v Hornsby [2009] QDC 147, cited
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
Wren v Gaulai [2008] QCA 148, applied
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- AGLC
- SMR v LJC [2010] QDC 285
- Case
- [2010] QDC 285
- Decision Date
CaseChat Overview and Summary
The court considered the legislative framework governing criminal compensation in Queensland, focusing on the definitions and scope of compensable injuries. It examined whether the discrete adverse impacts alleged by SMR were encompassed within the broader category of mental or nervous shock or if they constituted separate and distinct adverse impacts. The court found that the discrete adverse impacts claimed were indeed part of the same injury, i.e., the mental or nervous shock, and not separate and distinct adverse impacts. Consequently, the court awarded compensation under section 24 of the Criminal Offence Victims Act 1995 (Qld) for the injuries sustained as a result of the offences, determining that the appropriate sum was $31,500. The respondent was ordered to pay this amount to the applicant as compensation.
Orders
Orders of the court
The respondent pay the applicant the sum of $31,500 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offences of rape and sexual assault, 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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