Streeter & Anor v. Markich

[2007] QDC 344

DISTRICT COURT OF QUEENSLAND

CITATION:

Streeter & Anor v Markich [2007] QDC 344

PARTIES:

MICHAEL LUKE STREETER

First Applicant

AND

PHILLIP KEITH STEEL

Second Applicant

AND

GARRY NEAL MARKICH

Respondent

FILE NO/S:

BD587/04

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

21 December 2007

DELIVERED AT:

Brisbane

HEARING DATE:

15 November 2007

JUDGE:

McGill DCJ

ORDER:

The respondent pay to the first applicant $58,500 compensation in respect of the injuries suffered by the first applicant as a result of the offences against the first applicant of which the respondent was convicted on 19 February 2001, and pay to the second applicant $3,750 compensation in respect of the injuries suffered by the second applicant as a result of the offence against the second applicant of which the respondent was convicted on 19 February 2001.  No order for costs.

CATCHWORDS:

CRIMINAL LAW – Compensation – identification of injury – whether one or several injuries – bruising/laceration etc – scarring

CRIMINAL LAW – Compensation – causation – injury caused partly by offence and partly by other matters – reduction in award

Criminal Offence Victims Act 1995 s 25(7).

Dooley v Ward [2000] QCA 493 – cited.
MR v Webb [2001] QCA 113 - cited.
SAY v AZ [2006] QCA 462 – applied.
Zaicov v Jones [2002] 2 Qd R 303 – applied.

COUNSEL:

S. A. McGhie (solicitor) for the applicants

No appearance for the respondent

SOLICITORS:

Richardson McGhie for the applicants

The respondent was not represented

1. This is an application for compensation under the Criminal Offence Victims Act 1995. On 19 February 2001 the respondent pleaded guilty to offences including that between 1 October and 29 October 1999 he unlawfully assaulted the second applicant and did him bodily harm whilst armed with an offensive instrument, namely a lighter, and that on 16 March 2000 he tortured the first applicant, and unlawfully did the first applicant grievous bodily harm. He was sentenced to a term of imprisonment.

1. The circumstances of the offending were that the first applicant met the respondent in about September 1999, and they subsequently became friends; they used to drink together, and on 16 March 2000 he was at the respondent’s house. [1]  He had been drinking there and had fallen asleep.  When he woke he found his hands and feet bound, and felt pain in his leg.  He attempted to crawl out of the door and he was then sprayed with lighter fluid and the respondent set fire to him, as a result of which he sustained extensive burns to both his legs.  He was able to roll and extinguish the flames, but the respondent repeatedly set fire to him while he was on the ground; eventually he blacked out.  The next thing he remembers is waking up in hospital in extreme pain, particularly in his legs.

   [1]Affidavit of the first applicant sworn 22 February 2007 para 5.  The facts of this case are taken from this and the affidavit of first applicant sworn 15 November 2007,…