Tulloch v Sambo

[2010] QDC 531

DISTRICT COURT OF QUEENSLAND

CITATION:

Tulloch v Sambo  [2010] QDC 531

PARTIES:

DAPHNE ADELE TULLOCH
(Applicant)

AND

LEROY TREVOR SAMBO
(Respondent)

FILE NO:

10/2009

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Mt Isa

DELIVERED ON:

17 December 2010

DELIVERED AT:

Beenleigh

HEARING DATE:

17 December 2010

JUDGE:

Dearden DCJ

ORDER:

The respondent Leroy Trevor Sambo pay the applicant Daphne Adele Tulloch the sum of $24,000.

CATCHWORDS:

LEGISLATION:

CASES:

APPLICATION – Criminal Compensation – enter premises and commit assault occasioning bodily harm while armed – bruising/laceration – fractured finger– mental/nervous shock

Criminal Offence Victims Act1995 (Qld) s. 25(7).

Victims of Crime Assistance Act2009 (Qld) s. 167(2).

Paterson v Chand & Chand [2008] QDC 214.

COUNSEL:

Ms J. Johnsen (Solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Rod Madsen Solicitors for the applicant

No appearance for the respondent

INTRODUCTION
[1] HIS HONOUR:  The respondent, Leroy Trevor Sambo, pleaded guilty before me at the Mt Isa District Court on 19 November 2007 to an indictment which alleged that he entered premises and committed assault occasioning bodily harm while armed on the applicant, Ms Daphne Adele Tulloch. 

[2] On 20 November 2007 the respondent was sentenced to twelve months imprisonment with parole ordered after serving three months (exhibit DAT-6 affidavit of Daphne Tulloch sworn 3 March 2009).  The circumstances of the offending were outlined by the Prosecutor on sentence at pp 1-2 - 1-3 (Exhibit JCJ-5 affidavit of Jenna Johnsen sworn 5 August 2010). 

FACTS 
[3] "On the 8th of May 2007, the applicant, Daphne Adele Tulloch, a 69 year old woman, was the manager of Tulloch Music World, located at 11 Simpson Street in Mt Isa.  The applicant was working in her store when the respondent entered the premises with a plank of wood.  He entered - he was the only person other than the applicant in the store at the time - and approached the applicant, who was sitting at her desk.  Without speaking to the applicant in any way, he struck her across the back of the head with the plank of wood.  That caused part of the plank to break off.  He then sought to strike her again.  The applicant brought up her left arm to protect herself and she was hit twice in that arm.  The applicant screamed and, in what is a real act of bravery, attempted to fight back.  The respondent ran from the store up Simpson Street.  He was chased by numerous members of the public and he was located by police when members of the public waved them down".

INJURIES
[4] As the applicant's Victim Impact Statement indicates, the broken bone in her left hand required specialist treatment at Townsville Hospital, including the insertion of a wire in the applicant's finger to hold the bone together, lengthy periods with casts and an operation to remove the wire (exhibit DAT-2, affidavit of Daphne Tulloch sworn 3 March 2009).

THE LAW
[5] The application in these proceedings was…