Van Der Syde v Gadd

[2006] QDC 353

DISTRICT COURT OF QUEENSLAND

CITATION:

Van Der Syde v Gadd [2006] QDC 353

PARTIES:

FREDERICK VAN DER SYDE
(Applicant)
 
v
LESLIE DAVID GADD
(Respondent)

FILE NO/S:

3583 of 2005

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

29 September 2006

DELIVERED AT:

Brisbane

HEARING DATE:

21 June 2006

JUDGE:

McLauchlan QC DCJ

ORDER:

The Respondent is ordered to pay to the Applicant $43,575 compensation.

CATCHWORDS:

Criminal Compensation

COUNSEL:

Mr Smith for the Applicant

Mr Courtney for the Respondent

SOLICITORS:

Trilby Misso for the Applicant

Adrian Hawkes Lawyers for the Respondent

1. This is an application for criminal compensation under the Criminal Offence Victims Act 1995. The application is made following the conviction of the respondent on a charge of grievous bodily harm committed on 29 February 2004 at Maroochydore. The respondent pleaded guilty to the offence on 10 June 2005, and was sentenced to four years imprisonment suspended after serving 18 months imprisonment, with an operational period of four years.

1. The respondent was born on 30 December 1956, and at the relevant time was a member of the Bandidos Motor Cycle Club.  The applicant and the respondent knew each other and there was some bad blood arising out of some kind of unlawful relationship between the two of them which appears to have been related to drugs.  On 29 February 2004 the applicant went to the house of his nephew in Maroochydore and told him that the Bandidos were “after him”.  He was asked to leave by his nephew, who did not want any trouble.  At around 9.00 pm the applicant was leaving his nephew’s residence when he saw the respondent and another person coming towards him.  The applicant noted that the respondent had a firearm stuck down the front of his pants.  The applicant retreated, but at the same time pulled out a knife which he was carrying.  He apparently attempted to run away from the respondent, but was tackled, and a scuffle ensued during which the applicant stabbed the respondent in the abdomen.  Following the stabbing, the respondent shot the applicant once in the upper back, just above the scapula. 

1. The application submits that the applicant sustained the following compensable injuries as a result of the attack by the respondent:-

(a)         Gunshot wound to the back with resulting haemothorax, nerve damage and ongoing pain and disability; 

(b)         bodily scarring resulting from surgery;

(c)         bruising and lacerations;

(d)        lost teeth;

(e)         hypoxic brain injury;

(f)         psychological injuries (mental and nervous shock).

1. The applicant was examined by Dr Trevor Myers, a consultant physician.  He was also examined by Dr Scott Campbell, a neurosurgeon in June 2005, and by Dr Barbara McGuire, a clinical psychiatrist who examined the applicant also in June 2005.

1. Dr Campbell’s diagnosis was of:

1.          Chronic right lateral chest wall pain.

2.          Cognitive deficits, secondary to hypoxic brain injury.

3.          Upper and lower limb weakness and numbness secondary to nerve injury or hypoxic brain injury.

4.          Bowel/bladder and sexual dysfunction, secondary to nerve injury or…