Waddell v. Wildey

[2009] QDC 166

[2009] QDC 166

DISTRICT COURT

CIVIL JURISDICTION

JUDGE SAMIOS

No 1072 of 2009

SCOTT EDWARD WADDELL             Applicant

and

DREW WILLIAM WILDEY              Respondent

BRISBANE

..DATE 09/06/2009

ORDER

HIS HONOUR: This is an application for criminal compensation to be assessed pursuant to the Criminal Offence Victims Act 1995. The applicant was assaulted by the respondent to this application. The respondent to this application was in company with one David Oliver Clarke.

Both the respondent to this application and David Oliver Clarke have been sentenced on indictments for the offence of assault occasioning bodily harm while armed in company with respect to the applicant.  The offence occurred on the 3rd of January 2005.  The respondent to this application was sentenced by me on the 18th of November 2005.  The other party has been sentenced by Judge Griffin. 

The applicant states that he was in an extreme state of panic when assaulted.  It was a home invasion.  He felt pain in his face, particularly his left eye, left cheek and jaw, and he was struck with fists and kicked by the respondent.  As a result, he suffered a number of injuries to the face and head. 

The records of the Logan Hospital and a report from the Logan Hospital by Elzahn, de, Waal, satisfies me the applicant suffered the following injuries.  (a) minor closed head injury, (b) bruising and swelling of the left upper eyelid, (c) bruising and swelling of the left lower eyelid, (d) a small sub-conjunctival haemorrhage of the left eye, (e) some mild tenderness over the left cheek, (f) mild concussion, (g) short term memory loss. 

The co-accused, Clarke, has had compensation against him assessed by his Honour Judge Griffin on the 27th of May 2008.  On that occasion his Honour awarded the applicant the sum of $9,000 for the injuries sustained by the applicant.  His Honour Judge Griffin's approach, I think, has been slightly different to my own.  This shows the desirability of having the one Judge assess compensation with respect to one or more respondents. 

I have come to the view that the applicant should be compensated for bruising and lacerations severe at four per cent, and he should also be compensated for fractured skull/head injury (no brain damage) eight per cent, which is a total of 12 per cent.  In monetary terms that is a figure of $9,000.

As I said, I am conscious of the slightly different approach his Honour may have taken, but I take the view that the applicant has suffered a number of bruises haematomas which are to be compensated under item 2 and that he has also suffered a head injury which he is to be compensated for under item 9. 

Therefore I order the respondent, Drew William Wildey, to pay the applicant, Scott Edward Waddell, jointly and severally with David Oliver Clarke, the sum of $9,000 by way of compensation. 

The order is that the respondent, Drew William Wildey, pay the applicant, Scott Edward Waddell, jointly and severally with David Oliver Clarke, the sum of $9,000 by way of compensation. 

-----