Trindorfer v Dickson

[2010] QDC 258

DISTRICT COURT OF QUEENSLAND

CITATION:

Trindorfer v Dickson [2010] QDC 258

PARTIES:

ROBERT DOUGLAS TRINDORFER
(Applicant)

v

JED DICKSON
(Respondent)

FILE NO/S:

22/10

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

18 June 2010

DELIVERED AT:

Kingaroy

HEARING DATE:

23 March and 17 May 2010

JUDGE:

Dearden DCJ

ORDER:

The respondent Jed Dickson pay the applicant Robert Douglas Trindorfer the sum of $63,750.00.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – grievous bodily harm – eye injury – loss of vision

LEGISLATION:

Victims of Crime Assistance Act 2009 (Qld)

Criminal Offence Victims Act 1995 (Qld)

CASES:

Kennedy v Faafeu [2010] QDC 21

Paterson v Chand & Chand [2008] QDC 214

COUNSEL:

Mr C Bagley for the applicant

No appearance for the respondent

SOLICITORS:

Shine Lawyers for the applicant

No appearance for the respondent

Introduction

1. The respondent Jed Dickson pleaded guilty (relevantly) to one count of grievous bodily harm before me at the Beenleigh District Court on 6 May 2008.  The applicant was sentenced to three years’ imprisonment with a parole release date fixed at 5 May 2009[1].

   [1]Exhibit A (certificate of conviction) affidavit of Peter Matus sworn 19 January 2010.

Missing transcript of sentencing submissions and sentencing remarks

1. The applicant’s instructing solicitors were advised by the State Reporting Bureau that “the recording of this matter has been listened to and a transcript is unable to be produced to the recording being faulty”[2].  It has been necessary, therefore, in dealing with this application for criminal compensation, to have resort only to the Schedule of Facts and Victim Impact Statement tendered on the sentence, as well a copy of the handwritten notes from my Judge’s Notebook (pp 189-197).

   [2]Exhibit V (email from State Reporting Bureau to Shine Lawyers 15 April 2009) affidavit of Peter Matus sworn 19 January 2010.

Facts

1. The applicant arrived at Dooley’s Tavern, Loganlea at approximately 2.15 am on 18 November 2006.  As the applicant was sitting in his car waiting for his girlfriend to come out of the pub, the respondent walked up to the car and said “Why are you fucking laughing at me?  Do you want me to hit you?”.  The applicant said “What is your problem I was just talking to you and I thought we were mates?”  The applicant then got out of the car and asked the respondent what was wrong with him. 

1. The respondent then said something and threw a punch at the applicant with a closed right fist.  That hit did not connect so the applicant grabbed the respondent in an attempt to restrain him.  Security staff and other patrons pulled the applicant and respondent apart.  The security staff told the respondent to leave, although he was still trying to hit the applicant. 

1. The respondent then walked out onto the roadway (Logans Down Road) and waited in the street until the applicant drove his car out of the car park.  As the applicant approached the red light at the intersection with Loganlea Road, the respondent threw a large tree…