Stannard v Lane

[2000] QSC 86

SUPREME COURT OF QUEENSLAND

CITATION:

Stannard v Lane [2000] QSC 086

PARTIES:

JEFFREY RAYMOND KEITH STANNARD
(applicant)
v
JOY-ANNE LANE
(respondent)

FILE NO/S:

SC No 2263 of 2000

DIVISION:

Trial Division

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

18 April 2000

DELIVERED AT:

Brisbane

HEARING DATE:

17 April 2000

JUDGE:

Williams J

ORDER:

Respondent to pay to the applicant $2,250 by way of compensation for the injuries suffered by the applicant as a result of the commission of the offence for which the respondent was convicted, namely assault occasioning bodily harm;

Paragraphs 22 to 42 inclusive of the affidavit of Jeffrey Raymond Keith Stannard filed 31 March 2000 to be struck from the record.

CATCHWORDS:

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO THE DISPOSAL OF PROPERTY - COMPENSATION - QUEENSLAND - application for compensation pursuant to Criminal Offence Victims Act 1995 - where applicant sustained head injury as a result of assault for which respondent convicted - where respondent acquitted of more serious charges in relation to same incident which resulted in other serious injuries to applicant - where medical reports canvassed totality of injuries received - construction of s 24(2) - compensation limited to consequences of offence for which conviction recorded - onus on applicant to establish on balance of probabilities consequences which flowed from offence for which conviction recorded - where history of violence from applicant towards respondent - whether finding by jury at trial that applicant’s conduct afforded defence of self-defence requires court to conclude that applicant’s behaviour contributed to injury - whether any compensation awarded should thereby be discounted

CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - GENERALLY - where applicant made serious allegations in affidavit contrary to evidence received at trial - such material totally and utterly irrelevant to application and should be struck from record

Criminal Offence Victims Act 1995 (Qld), s 22, s 24(2), s 25(7), s 31

COUNSEL:

Mr J White (sol.) for the applicant
Mr A Boe (sol.) For the respondent

SOLICITORS:

James White Lawyers for the applicant
Boe & Callaghan for the respondent

1. WILLIAMS J: This is an application for compensation brought pursuant to the provisions of the Criminal Offence Victims Act 1995. It is based on the conviction of the respondent, Joy-Anne Lane, for the offence of assault occasioning bodily harm to the applicant, Jeffrey Raymond Keith Stannard. The injury sustained in that assault was essentially a laceration to the head.

1. However, the matter is complicated because at the trial the jury acquitted the respondent of more serious charges which resulted in the applicant suffering severe injuries.  It is sufficient to say that in the course of the events which occurred on 8 September 1996, the respondent shot the applicant on two occasions.  Each bullet wound caused major injuries to the applicant.  The firing of those shots resulted…