T v S

[2008] QDC 84

DISTRICT COURT OF QUEENSLAND

CITATION:

T v S [2008] QDC 84

PARTIES:

T
As litigation guardian for
T
  Applicant

v

S   Respondent

FILE NO:

D22/08

PROCEEDING:

Criminal Compensation Application

DELIVERED ON:

24^th April 2008

DELIVERED AT:

Beenleigh

HEARING DATE:

22^nd April 2008

JUDGE:

Everson DCJ

ORDER:

The respondent pay to the applicant as litigation guardian for the victim the sum of $55 500 by way of compensation.

That any amount paid to the victim pursuant to this order be paid to the Public Trustee of Queensland whose receipt for such sum shall be sufficient discharge.

That the Public Trustee of Queensland be appointed manager of and take possession of and control and manage the said sum on behalf of the victim in accordance with powers and duties defined in the Public Trustee Act 1978 during the minority of the victim.

CATCHWORDS:

CRIMINAL COMPENSATION- mental or nervous shock-adverse impact.

Criminal Offence Victims Act 1995
Criminal Offence Victims Regulation 1995

R v Jones ex parte Zaicov [2002] 2 Qd R 303 at 310
R v Atwell ex parte Julie [2002] 2 Qd R 367 at 373
Vlug v Carrasco [2006] QCA 561 at [11]

COUNSEL

SOLICITORS:

Ms Fadden for Legal Aid

This is an application for compensation pursuant to Section 24 of the Criminal Offence Victims Act 1995 (“COVA”). It is brought by the mother of the victim as her litigation guardian.

The injuries giving rise to the application were suffered as a result of the offence for which the respondent was convicted on indictment on 17^th March 2006, namely maintaining a sexual relationship with a child with a circumstance of aggravation between 1st January 2001 and 28^th February 2005.

Facts
The victim was born on 28^th October 1992. She was aged between 8 and 12 during the period particularised above.

The respondent was born on 30^th December 1966 and was accordingly aged between 34 and 38 during the period nominated in the indictment. He was at this time the de facto husband of the victim’s mother. The victim was under his care and called him “Dad.”

The single count for which the respondent was convicted encompassed a series of particularised offences involving penile and anal rape as well as indecent treatment. The offending was regular and consistent throughout the entire period encapsulated by the charge. The ongoing sexual relationship involved sexual intercourse occurring at every available opportunity. It included the respondent requiring the victim to perform fellatio upon him and forcing her to swallow his semen. It also included the respondent requiring the victim to wear a G-string and insert vibrators into her vagina. He also took photographs of her in sexually explicit positions, naked, during and after sexual intercourse.[1] The unlawful sexual violence committed by the respondent against the victim resulted in her bleeding from her vagina on several occasions and sometimes her anus.[2]

[1] Affidavit of Debbie Richardson filed 3^rd March 2008, Exhibit B.

[2] Ibid, Exhibit C.

Throughout this…