Watson v Poynter

[2002] QSC 283

SUPREME COURT OF QUEENSLAND

CITATION:

Watson v Poynter [2002] QSC 283

PARTIES:

DOREEN JOYCE WATSON
(applicant)
v
LANCE GABRIEL POYNTER
(respondent)

FILE NO/S:

678 of 2001

DIVISION:

Trial

PROCEEDING:

Application for Criminal Compensation
Application to Extend Time

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

18 September 2002

DELIVERED AT:

Townsville

HEARING DATE:

11 September 2002

JUDGES:

Cullinane J

ORDER:

Application is dismissed.

CATCHWORDS:

CRIMINAL LAW – CRIMINAL COMPENSATION – LIMITATION OF ACTIONS – where applicant victim of assault occasioning bodily harm – where application to institute proceedings for compensation not brought within three years as provided for in s 40 of the Criminal Offences Victims Act 1995 – where applicant has satisfied the requirements of s 31(2)(b) of the Limitations of Actions Act 1974 – where applicant not aware of existence of the  statutory scheme – whether lack of knowledge of right to seek compensation or limitation period constitute material facts of a decisive nature for the purposes of the Limitations of Actions Act 1974

Criminal Offences Victims Act 1995 (Qld) ss 40, 41(1) and 41(2)
Limitations of Actions Act 1974 (Qld) ss 30(b) and 31(2)(b)

Berg v. Kruger Enterprises Pty Ltd (1990) 2 QdR 301
Castlemaine Perkins Ltd v. McPhee (1979) QdR 469
Do Carmo v. Ford Excavation Pty Ltd (1984) 154 CLR 234
Jacob v. Roberts (2002) QCA 87 (21 March 2002)
Moriarty v. Sunbeam Corporation Ltd (1988) 2 QdR 325

COUNSEL:

C Hampson QC, with AJ Kimmins for the applicant
No Appearance for the respondent

SOLICITORS:

Tony Bailey, Solicitor for the applicant
No appearance for the respondent

1. The Applicant seeks Criminal Compensation under the provisions of the Criminal Offence Victims Act 1995.

1. She was born on 6 February 1973 and the offences in respect of which she claims compensation against the Respondent were committed on 25 January 1997.

1. This application was filed on 1 September 2000.  It is thus out of time.  See Jacob v Roberts (2002) QCA 87 (21 March 2002). The effect of the authorities is that Section 40 of the Criminal Offence Victims Act 1995 requires an Applicant as a condition of a right to recover compensation under the Act to institute proceedings within 3 years. The Applicant therefore seeks an extension of the limitation period.

1. The Respondent who did not appear on the hearing was convicted of two counts of assault occasioning bodily harm.  He was sentenced on 21 November 1997 to 2 years imprisonment with a recommendation that he be eligible to be considered for parole after 9 months.

1. Section 41 of the Act provides as follows:-

41  (1)  The Limitation of Actions Act 1974, sections 30 and 31 apply to applications mentioned in section 40(1) and (2) with the intention that, on application –

(a) a court may order that the period of limitation under section 40(1) for an application to which the subsection applies be extended under the Limitation of Actions Act 1974, section 31(2); and

(b) the Minister may order that the period of limitation under section 40(2)…