St v Tobin

[2012] QDC 337

DISTRICT COURT OF QUEENSLAND

CITATION:

ST  v Tobin [2012] QDC 337

PARTIES:

ST

(applicant)

v

DANIEL JOHN TOBIN
(respondent)

FILE NO:

D2358/2009

DIVISION:

PROCEEDING:

Originating Application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

9 November 2012

DELIVERED AT:

Brisbane

HEARING DATE:

5 October, 2012

JUDGE:

McGill SC, DCJ

ORDER:

Order the respondent to pay the applicant $13,725 as compensation in respect of the offences for which the respondent was convicted on 29 March 2007.

CATCHWORDS:

CRIMINAL LAW – Compensation – sexual offences – extent of psychiatric injury – whether reduction for contribution to injury – whether any and what adverse consequences.

Criminal Offence Victims Act 1995 s 22(4), s 25(7).

COUNSEL:

R Carroll for the applicant
L Ackerman for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Fisher Dore Lawyers for the respondent

1. This is an application for compensation under the Criminal Offence Victims Act 1995 (“the Act”). Although the Act has now been repealed, the application was filed on 24 August 2009, so that it is not affected by that repeal.[1] 

   [1]Victims of Crime Assistance Act 2009 s.167

1. On 29 March 2007 the respondent pleaded guilty to one count of maintaining an unlawful sexual relationship with a child under the age of 16 years, nine counts of indecent treatment of a child under 16, and seven counts of unlawful carnal knowledge.  All these offences involved the applicant; the indictment also alleged a number of offences of a similar nature involving another complainant.  The respondent was sentenced to a term of imprisonment.  The counts cover a period of 3 months in the last part of 2003, and alleged various forms of sexual activity on various occasions, ranging from indecent touching to full intercourse. 

Background

1. The applicant was born on 1 February 1989, and so was 14 at the time of the offending, when the respondent was 23.  The other complainant was a friend of the applicant although a little younger.  She had met the accused through her brother, and the first sexual activity was with the other complainant.  This came to the attention of the applicant, and on an occasion when the applicant was visiting the other complainant’s house, she began to participate in sexual activities with the respondent.  It is not necessary to go into details, but it appears that on most occasions both complainants were present at the time of the offending.

1. It is not clear just how the matter came to the attention of the authorities, though it does not appear there was any complaint by the applicant.  Somehow the behaviour of the other complainant came to the attention of someone, and as a result she was interviewed by the police.  Following that interview arrangements were made for the applicant to be interviewed, which occurred on 8 March 2004, over three months after the offending ceased.[2]  The applicant told police that she had initially said something to her sister but in a very guarded way, then the other complainant began telling people and ultimately told…