TCC v BC

Case [2007] QDC 224

DISTRICT COURT OF QUEENSLAND

CITATION:

TCC v. BC [2007] QDC 224

PARTIES:

TCC.

Applicant

V

BC.

Respondant

FILE NO/S:

249 of 2007

DIVISION:

Civil

PROCEEDING:

Judgment

ORIGINATING COURT:

Southport

DELIVERED ON:

04 October 2007

DELIVERED AT:

Southport

HEARING DATE:

01 October 2007

JUDGE:

K. J. O’Brien DCJ

ORDER:

1.   The respondent, BC, should pay to the applicant, the sum of $40,050 by way of compensation for injuries suffered by the applicant by reason of the offences for which the respondent was convicted in the District Court at Southport on the 5th of April 2006.

2.   The respondent should pay 90 per cent of the applicant's costs of and incidental to this application in such amount as may be agreed, or in the absence of agreement to be assessed.

CATCHWORDS:

CRIMINAL COMPENSATION – mental or nervous shock – sexual offences – proceedings brought under Criminal Offence Victims Act and the Criminal Code – determination of course of conduct

HV v LN [2000] QCA 472, 118 ACR 53

HW v LO [2001] 2 QLR 45

MAJ v KM [2000] QCA 410

R v Jones ex parte, McClintock J [1996] 1 QLR 424

JI v AV [2001] QCA 510

AT v FG [2004] QCA 295

Criminal Code (Qld) chapter 65A, s. 663B

Criminal Offence Victims Act 1995 (Qld) s. 46

Criminal Offence Victims Regulations 1995 (Qld) r. 1A

COUNSEL:

Mr Lee (solicitor) for the Applicant

No appearance for the Respondent

SOLICITORS:

Lee Lawyers for the Applicant

No appearance for the Respondent

  1. On the 5th of April 2006, in the District Court at Southport, the respondent to this application, BC, pleaded guilty before his Honour, Judge Shanahan, to a number of offences of a sexual nature.  He was sentenced to a lengthy term of imprisonment.

  1. The applicant was the victim of those offences, and he now seeks compensation in respect of injury suffered by him as a consequence of the commission of those offences.

  1. The offences, of which the respondent was convicted, involved one offence of maintaining a sexual relationship with a child under the age of 16, one offence of sodomy, and nine offences of indecently treating a boy under the age of 16 years.

  1. The applicant is the grandson of the respondent.  The offence of sodomy, and eight of the offences of indecent dealing, were all committed between the 1st of June 1992 and the 31st of December 1994.  The final offence of indecent treatment was committed in or about July 1996.

  1. The 10 substantive offences all formed part of the maintaining offence, and there were other uncharged acts which also formed part of that charge.  Importantly, for reasons which will become apparent, none of those uncharged acts were alleged to have occurred after late 1994 when the applicant was placed in foster care.

  1. On the sentencing occasion, the circumstances of the substantive offences were outlined by the Crown Prosecutor as follows:-

"Count 2 occurred when the boy was aged around about 11.  It was shortly after that move to…

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TCC v BC [2007] QDC 224
Case
[2007] QDC 224
Decision Date

CaseChat Overview and Summary

The case of TCC v BC concerns a claim for compensation under the Criminal Offence Victims Act and the Criminal Code, brought by the applicant, TCC, against the respondent, BC, who was convicted of sexual offences in the District Court at Southport on 5 April 2006. The applicant sought compensation for the injuries suffered due to the offences committed by the respondent. The court was tasked with determining the appropriate amount of compensation and the allocation of costs between the parties.

The primary legal issue before the court was the quantification of the compensation owed by the respondent to the applicant for the injuries suffered as a result of the sexual offences. This required the court to consider the extent of the applicant's mental and nervous shock, as well as the appropriate course of conduct under the relevant statutory provisions. The court had to assess the evidence presented regarding the applicant's injuries and the impact of the offences on their mental health.

In rendering its decision, the court meticulously examined the evidence provided by the applicant concerning the mental and nervous shock suffered due to the offences. The court found that the applicant had demonstrated a significant degree of mental and nervous shock resulting from the respondent's actions. Consequently, the court ordered the respondent to pay the applicant $40,050 by way of compensation for the injuries sustained. Additionally, the court ruled that the respondent should bear 90 per cent of the applicant's costs associated with the application, subject to agreement or assessment if necessary.

The final orders of the court mandated that the respondent pay the applicant $40,050 as compensation for the injuries sustained due to the sexual offences. Furthermore, the respondent was directed to cover 90 per cent of the applicant's costs related to the application, with the specifics to be determined by agreement or assessment if an agreement could not be reached.

Orders

Orders of the court

1. The respondent, BC, should pay to the applicant, the sum of $40,050 by way of compensation for injuries suffered by the applicant by reason of the offences for which the respondent was convicted in the District Court at Southport on the 5th of April 2006.

2. The respondent should pay 90 per cent of the applicant's costs of and incidental to this application in such amount as may be agreed, or in the absence of agreement to be assessed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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