Summers v Dougherty

[2000] QSC 365

SUPREME COURT OF QUEENSLAND

CITATION:

Summers v Dougherty & Anor [2000] QSC 365

PARTIES:

LYNETTE JOYCE SUMMERS
(applicant)
v
ALAN BERNARD DOUGHERTY
(first respondent)
ANTHONY PHILLIP DOYLE
(second respondent)

LYNETTE JOYCE SUMMERS as litigation guardian for JOSHUA TRENT SUMMERS
(applicant)
v
ALAN BERNARD DOUGHERTY
(first respondent)
ANTHONY PHILLIP DOYLE
(second respondent)

LYNETTE JOYCE SUMMERS as litigation guardian for
CHRISTOPHER JAMES SUMMERS
(applicant)
v
ALAN BERNARD DOUGHERTY
(first respondent)
ANTHONY PHILLIP DOYLE
(second respondent)

FILE NOS:

S8503 of 2000
S8505 of 2000
S8508 of 2000

DIVISION:

Trial Division

DELIVERED ON:

19 October 2000

DELIVERED AT:

Brisbane

HEARING DATE:

17 October 2000

JUDGE:

White J

ORDER:

The respondents being persons convicted of indictable personal offences are ordered to pay compensation jointly and severally

·     in Application No 8503 of 2000 to Lynette Joyce Summers in the sum of $15,000;

·     in Application No 8505 of 2000 to Joshua Trent Summers in the sum of $22,500;  and

·     in Application No 8508 of 2000 to Christopher James Summers in the sum of $7,500.

CATCHWORDS:

CRIMINAL LAW – COMPENSATION – where offenders convicted after home invasion – whether applicants able to recover when not named in indictment – whether applicants able to recover for “mental or nervous shock”

Criminal Code, s 663B

Criminal Offence Victims Act 1995, s 20, s 22(3), s 24(2), s 26(5), s 26(6)

Ferguson v Kazakoff [2000] QSC 156, SC No 8834 of 1999, 6 June 2000, followed
R v Callaghan and Fleming, ex parte Power [1986] 1 Qd R 457, followed
R v Moors, ex parte Alex [1994] 2 Qd R 457, followed

COUNSEL:

J Farmer for each applicant
No appearance for either respondent

SOLICITORS:

Legal Aid Queensland for each applicant
No appearance for either respondent

1. WHITE J: There are three applications before the court for criminal compensation pursuant to Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) in respect of injuries suffered by each applicant caused by a personal offence committed against each applicant by the respondents.

1. The applicants are Mrs Lynette Joyce Summers on her own behalf and as litigation guardian for her two sons, Christopher James Summers, born 11 June 1983, now aged 17 years and Joshua Trent Summers, born 13 March 1986, now aged 14 years.  Mrs Summers’ husband and the boys’ father was awarded compensation in respect of the same incident on 8 September 1999 in the sum of $30,000.

1. The respondents have been served at Woodford Prison and have not appeared.  The Public Trustee was notified of the applications but confirmed by letter dated 12 October 2000 that the Public Trustee had discontinued management of the respondents’ affairs as of 24 September 1999.

1. The respondents pleaded guilty on ex officio indictment before me on 15 August 1998 to charges of housebreaking, armed robbery in company with personal violence and assault occasioning bodily harm whilst armed and in company.  They pleaded guilty to further offences of unlawful use of a motor vehicle belonging to Mr Summers and possession of a…