Tumney v Shorter

[2004] QDC 267

DISTRICT COURT OF QUEENSLAND

CITATION:

Tumney v Shorter [2004] QDC 267

PARTIES:

NOEL ALLEN TUMNEY (Applicant)

V

DAMIEN COLIN SHORTER (Respondent)

FILE NO/S:

58/2003

DIVISION:

Civil jurisdiction

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Ipswich

DELIVERED ON:

16/8/04

DELIVERED AT:

Brisbane

HEARING DATE:

11/8/04

JUDGE:

Judge Richards

ORDER:

That the respondent pay the applicant $15,000 by way of compensation for injuries caused by the respondent to the applicant.

CATCHWORDS:

Criminal compensation

COUNSEL:

G. Seaholme for the applicant

No appearance for the respondent

SOLICITORS:

Brett Smith and co for the applicant

1. This is an application for criminal compensation brought by the applicant against the respondent who on 17 June 2002 was convicted of doing grievous bodily harm to the applicant on 5 October 2001. 

1. The applicant was the owner and manager of a caravan park at Atkinson Dam.  On the day in question he approached the respondent and told him he would have leave the caravan park due to repeated warnings about speeding in the caravan park. The respondent became angry at this and as the applicant walked away he approached him from behind and struck him to the right hand side of the face.  There was no question that there was any provocation in this incident.  He suffered significant facial fractures as a result of the assault and has some impairment to his vision.  He was hospitalized for a number of days and had to undergo corrective surgery to repair the injuries. 

1. The applicant was seen by an ear nose and throat specialist in the Toowoomba Base Hospital on 8 October 2001.  On examination there was right facial numbness, evidence of a fracture to the right arch of the zygoma involving the ZF suture and the ZM suture.  He had fractures of his right orbital floor, right zygoma, nasal bones and orbital roof.  He underwent plating to the ZF suture and infra orbital rib and elevation of fracture of the nasal bones.  He was discharged on 15 October 2001. 

1. He was also seen by Dr Alan Hilton a specialist ophthalmologist who indicated that he has double vision in the extreme upgaze.  He said that he had a good prognosis but he will continue to have some double vision but only in extremes of gaze and particularly when he is unwell or tired. There is no need for any further treatment.

1. He is entitled to compensation under the Act.  He did not contribute in any way to his injuries. 

1. His injuries are obviously of a serious nature requiring surgery.  He has been left with plates in his face and some physical deformity.  He will continue to have some double vision.  He is entitled to compensation for his injuries:

Item No. 7 – Facial Fracture (Moderate) 20%                   $15,000.

1. I order that the respondent pay the applicant the sum of $15,000 by way of compensation for injuries suffered on 5 October 2001.