Umutaua v Smith

DISTRICT COURT OF QUEENSLAND

CITATION:

Umutaua v Smith [2006] QDC 492

PARTIES:

LAWRENCE PETER UMUTAUA

Applicant

V

STUART PETER SMITH

Respondent

AND

VINCENT MARK UMUTAUA

Applicant

V

STUART PETER SMITH

Respondent

FILE NO/S:

1035/05; 1036/05

DIVISION:

Civil

PROCEEDING:

Applications for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

1 December 2006

DELIVERED AT:

District Court, Brisbane

HEARING DATE:

12 September 2006

JUDGE:

Nase DCJ

ORDER:

1.   That Stuart Peter Smith pay to Lawrence Peter Umutaua the sum of $8,250 by way of compensation pursuant to the Criminal Offence Victims Act 1995

2.   That Stuart Peter Smith pay to Vincent Mark Umutaua the sum of $9,000 by way of compensation pursuant to the Criminal Offence Victims Act 1995

CATCHWORDS:

COUNSEL:

Mr S. Simms, Solicitor for the applicants

SOLICITORS:

Howden Saggers Lawyers appeared for the applicants

No appearance or representation for the respondent.

1. These are two separate applications for criminal compensation which, because they each arise out of the one incident, may be conveniently considered together.  The applicant in the first application (1035/05) is Lawrence Peter Umutaua.  The applicant in the second application (1036/05) is his older brother Vincent Mark Umutaua.  The respondent to both applications is a Stuart Peter Smith.

1. Smith ultimately elected not to appear or to be represented at the hearing, accordingly it proceeded in his absence and solely on the materials placed before the court by that applicants.

1. On 22 October 2003 Smith was convicted on indictment in the District Court at Beenleigh of one charge of unlawfully wounding the applicant Lawrence Peter Umutaua and one charge of wounding the applicant Vincent Mark Umutaua with intent to resist his lawful detention.  The sentences imposed were two and a half years and three and a half years imprisonment respectively.

1. The circumstances of the offences can be briefly stated.  The two applicants are brothers.  Lawrence is the younger.  He was 15 years at the date of the offence (13 January 2002).  Vincent was 22.  Both applicants were at home when told that two men were in the act of stealing a motor vehicle from the house next door.  Vincent and Lawrence interrupted the two thieves and chased them on foot.  Lawrence caught up to one of the men, the respondent Smith.  Smith still had a screwdriver in his hand.  He swung it at Lawrence, striking him in the side of his face (jaw).  Lawrence continued to struggle with Smith until his older brother Vincent arrived.  When Vincent engaged with Smith he was stabbed a number of times in the back area with the screwdriver.

1. Lawrence suffered a puncture wound in the area of his jaw line.  The wound penetrated the true skin.  It bled profusely, but has healed without complication.

1. Vincent suffered two puncture wounds and a number of lacerations.  Each of the wounds has healed without complication.

1. I am satisfied that each applicant suffered an injury or injuries within the meaning of s 20 of the Act and the offences are personal offences within the meaning of s…