Temple v. Fewster

[2007] QDC 346

DISTRICT COURT OF QUEENSLAND

CITATION:

Temple v Fewster [2007] QDC 346

PARTIES:

SHAUN DOUGLAS TEMPLE

(Applicant)

V

ADRIAN RICHARD FEWSTER

(Respondent)

FILE NO/S:

122 of 2007

DIVISION:

Civil

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court Beenleigh

DELIVERED ON:

20 December 2007

DELIVERED AT:

District Court Beenleigh

HEARING DATE:

2 November 2007

JUDGE:

Dearden DCJ

ORDER:

The respondent Adrian Richard Fewster pay the applicant Shaun Douglas Temple the sum of $35,250

CATCHWORDS:

Application – criminal compensation – break and enter a dwelling with intent to commit an indictable offence at night using actual violence and armed with a dangerous weapon – unlawful wounding with intent to do some grievous bodily harm – lacerations and headaches – stab wounds – mental or nervous shock

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss 22(4), 24, 25(7), 26

CASES:

R v Ward; ex-parte Dooley [2001] 2 Qd R 436

Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337

Cope v Sargison, unreported, District Court Cairns, No. 181/2005, White DCJ, 23 September 2005

Unsworth v Roy [2006] QDC 199

SAY v AZ; ex-parte Attorney-General (Qld) [2006] QCA 462

COUNSEL:

Mr Maher for the applicant

No appearance for the respondent

SOLICITORS:

Trilby Misso Lawyers for the applicant

No appearance for the respondent.  

Introduction

1. The applicant, Shaun Douglas Temple, seeks compensation in respect of injuries suffered by him arising out of an incident which occurred on 8 August 2005 at Jimboomba, resulting in the respondent pleading guilty before me in the District Court at Beenleigh on 11 April 2007 to one count of break and enter a dwelling with intent to commit an indictable offence, at night, using actual violence and armed with a dangerous weapon, and (relevantly for these proceedings) one count of unlawful wounding with intent to do some grievous bodily harm.  The respondent also pleaded guilty to a breach of a domestic violence order.  The respondent was (relevantly) sentenced to five years imprisonment to be suspended after serving two years imprisonment, with an operational period of five years.  A period of 611 days in pre-sentence custody was declared time served in respect of the sentence.

Facts

1. The applicant, who was then a 39 year old man, had formed a relationship with Ms Sharon Fewster, the estranged wife of the respondent.  At the time of the incident, the applicant understood that the respondent and his estranged wife had been separated for a period of approximately six months with no prospect of reconciliation.  The applicant and Ms Fewster had known each other for approximately two months prior to the incident resulting in the offences, and had begun seeing each other romantically approximately one week prior to the incident. 

1. At about 6.30pm on Monday 8 August 2005, Ms Fewster had gone to the respondent’s home, which was her former matrimonial home, and had informed the respondent that she had formed a relationship with the applicant, whom the respondent had met on one previous occasion.  Later that evening, the applicant spoke…