Sopinski v Pike
Case
•
[2010] QDC 72
•10 March 2010
Details
AGLC
Case
Decision Date
Sopinski v Pike [2010] QDC 72
[2010] QDC 72
10 March 2010
CaseChat Overview and Summary
The Applicant, Sopinski, sought compensation from the Respondent, Pike, under the Criminal Offence Victims Act 1995 (Qld) for injuries suffered due to offences for which Pike was convicted on 2 July 2007 by the District Court in Brisbane. Sopinski applied to the Supreme Court for an order that Pike pay compensation, and the application was heard by Justice Byrne. The court was required to determine whether the injuries suffered by Sopinski were attributable to the offences for which Pike was convicted, and if so, the amount of compensation to be paid.
The legal issues the court had to address included whether Sopinski's injuries were caused by Pike's actions and whether Pike was a person of limited means, which could affect the amount of compensation. The court also considered whether Sopinski was a vulnerable victim and whether compensation should be reduced on the basis of contributory negligence. The court examined the evidence and submissions to ascertain whether the criteria for compensation under the Criminal Offence Victims Act 1995 were met.
The court found that Sopinski's injuries were indeed caused by Pike's actions and that Pike was not a person of limited means. The court also found that Sopinski was not a vulnerable victim and that there was no evidence of contributory negligence. Consequently, the court ordered that Pike pay Sopinski compensation in the amount of $12,750.1. Justice Byrne noted that the amount was appropriate given the nature and extent of Sopinski's injuries and the impact on his life.
The final orders of the court were that Pike pay Sopinski criminal compensation in the amount of $12,750.1 for the injuries suffered as a result of the offences for which Pike was convicted.
The legal issues the court had to address included whether Sopinski's injuries were caused by Pike's actions and whether Pike was a person of limited means, which could affect the amount of compensation. The court also considered whether Sopinski was a vulnerable victim and whether compensation should be reduced on the basis of contributory negligence. The court examined the evidence and submissions to ascertain whether the criteria for compensation under the Criminal Offence Victims Act 1995 were met.
The court found that Sopinski's injuries were indeed caused by Pike's actions and that Pike was not a person of limited means. The court also found that Sopinski was not a vulnerable victim and that there was no evidence of contributory negligence. Consequently, the court ordered that Pike pay Sopinski compensation in the amount of $12,750.1. Justice Byrne noted that the amount was appropriate given the nature and extent of Sopinski's injuries and the impact on his life.
The final orders of the court were that Pike pay Sopinski criminal compensation in the amount of $12,750.1 for the injuries suffered as a result of the offences for which Pike was convicted.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Compensatory Damages
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Criminal Offence Victims Act 1995
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Citations
Sopinski v Pike [2010] QDC 72
Most Recent Citation
Caris v Hassall [2010] QDC 114
Cases Citing This Decision
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[2010] QDC 115
Caris v Hassall
[2010] QDC 114
Sweeney v Cullen
[2010] QDC 115