Van den Bosch v Kolb

[2009] QDC 379

DISTRICT COURT OF QUEENSLAND

CITATION:

Van den Bosch v Kolb [2009] QDC 379

PARTIES:

RAYMOND BRENDAN VAN DEN BOSCH

Applicant

AND

PETER DESMOND KOLB

Respondent

FILE NO/S:

OA 437/07

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court, Townsville

DELIVERED ON:

13 November 2009

DELIVERED AT:

Brisbane

HEARING DATE:

6 November 2009

JUDGE:

McGill DCJ

ORDER:

Order that the respondent pay the applicant $12,750 compensation in respect of the injuries suffered by reason of the offence for which the respondent was before the court on 19 January 2007.

CATCHWORDS:

CRIMINAL LAW – Compensation – mental or nervous shock – whether psychiatric problems caused by other events – whether psychiatric state made worse by other events

Criminal Offence Victims Act 1995 s 25(7)

COUNSEL:

M.S. Jones (Solicitor) for the applicant

The respondent appeared in person

SOLICITORS:

Greg Lawyers for the applicant

The respondent was not represented

1. On 19 January 2007 the respondent pleaded guilty to a number of offences including one count of malicious acts with intent.  He was sentenced on 23 January 2007.  The circumstances of that offence were that the applicant, a serving police officer, attended the respondent’s residence with another police officer.  The respondent was holding a knife behind a screen door, and initially threatened to use the knife on himself, and then threatened to burn the house down.  He then left briefly and returned with a can of petrol and threw petrol over the officers.  The applicant was struck in the face and front on and forcibly restrained the respondent so as to arrest him, and to prevent him from igniting the petrol.  The sentencing judge remarked that it must have been a very very frightening situation for them and their health and safety were clearly capable of being very seriously compromised.[1]

   [1]Sentencing remarks p 8, affidavit of applicant filed 24 July 2008 Exhibit RBV5.

1. In his statement after the incident the applicant said that he was struck on the right side of his face and the upper arms and body, and after he was splashed he could smell petrol and he felt a strong burning sensation to his face and eyes.[2]  He had petrol in his right eye and on his face, and the fumes were making it difficult for him to see and breathe.  He also had a burning sensation on his arms and chest.  He was afraid that the respondent would ignite the petrol.  A struggle then ensued with the respondent before the applicant and his partner succeeded in overcoming the respondent and handcuffing him.  Subsequently the applicant’s partner poured some water across his face, the applicant went into a shower where he rinsed off parts of his body with water, and then went outside where he removed his shirt and some body armour that he was wearing and received treatment from ambulance bearers.

   [2]Ibid Exhibit RBV1 (statement to police).

1. He subsequently went to the Redlands Hospital emergency department.  He was found to have erythema to the anterior abdominal wall and right eyelids, with the…