WCA v Willis - [2010] QSC 304

SUPREME COURT OF QUEENSLAND

CITATION:

WCA v Willis [2010] QSC 304

PARTIES:

WCA
(applicant)
v
KURT WALTER WILLIS
(respondent)

FILE NO/S:

BS4573/10

DIVISION:

Trial Division

PROCEEDING:

Originating application

ORIGINATING COURT:

Supreme Court, Brisbane

DELIVERED ON:

18 August 2010

DELIVERED AT:

Supreme Court, Brisbane

HEARING DATE:

28 July 2010

JUDGE:

Margaret Wilson J

ORDER:

Applicant awarded compensation in the sum of $48,750

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – Criminal Injuries Compensation – Queensland – amount and conduct affecting – where respondent charged with sexual offences against the applicant over a period of years – where applicant was aged between eight and 14 years when the offences were committed – where the applicant displayed chronic symptoms of post-traumatic stress disorder as a consequence of the abuse – determination of entitlement to compensation under Criminal Offence Victims Act 1995 (Qld) s 24 – assessment of compensation according to statutory compensation scheme

Criminal Offence Victims Act 1995 (Qld), ss 19, 20, 21, 22, 24, 25 and 40
Criminal Offence Victims Regulation 1995 (Qld), ss 1A and 2
Victims of Crime Assistance Act 2009 (Qld), ss 149 and 155

COUNSEL:

M J Forbes (solicitor) for the applicant
No appearance for the respondent

SOLICITORS:

Shine Lawyers for the applicant
No appearance for the respondent

Margaret Wilson J: This is an application for criminal compensation for offences committed between 1998 and 2004.

On 31 October 2006 the respondent pleaded guilty to having committed the following offences –

1 x maintaining an unlawful sexual relationship with a child
7 x indecent treatment of a child under 16
1 x indecent treatment of a child under 12
1 x exposing a child under 16 to an indecent act
1 x sodomy
4 x attempted sodomy
1 x procuring a child under 16 to commit an act of indecency

On 16 February 2007 he was given a head sentence of six years imprisonment. After pre-sentence custody was taken into account, his parole eligibility date was fixed as 31 October 2008.

The victim of the offences was the present applicant. He was born on 10 November 1989, so he was aged between eight and 14 years when the offences were committed. By s 40 of the Criminal Offence Victims Act 1995 (Qld) (“the 1995 Act”) he had three years from attaining the age of 18 on 10 November 2007 in which to apply for criminal compensation.

This application was filed on 15 January 2010 – after the commencement of the Victims of Crime Assistance Act 2009 (Qld). By s 149 of that act, the 1995 Act was repealed. However, in the circumstances of this case, s 155 provided a window of two months from 1 December 2009 for the filing of an application for compensation under the 1995 Act, which must be heard and decided under the 1995 Act.

The respondent was served with the application and supporting material, as was the Public Trustee. Neither took any part in the proceeding.

The applicant’s parents were separated and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading WCA v Willis

Details

AGLC: WCA v Willis [2010] QSC 304
Case: [2010] QSC 304
Decision Date: 18 August 2010

CaseChat Overview and Summary

In WCA v Willis, the respondent was charged with multiple sexual offences against the applicant, who was aged between eight and 14 years when the offences were committed. The applicant displayed chronic symptoms of post-traumatic stress disorder as a consequence of the abuse. The applicant sought compensation under the Criminal Offence Victims Act 1995 (Qld) s 24. The court was required to determine the applicant’s entitlement to compensation and to assess the amount according to the statutory compensation scheme.

The primary legal issue was whether the applicant was entitled to compensation under section 24 of the Criminal Offence Victims Act 1995 (Qld), and if so, what the appropriate amount of compensation should be. The court considered the nature and extent of the applicant's injuries, the impact of the offences on the applicant's mental health, and the statutory framework for assessing compensation.

The court found that the applicant was entitled to compensation under section 24 of the Act. The court noted the severe and chronic nature of the applicant's post-traumatic stress disorder, which was a direct consequence of the respondent's offences. The court assessed the appropriate amount of compensation in accordance with the statutory compensation scheme, taking into account the applicant's injuries and the impact on their life. The court awarded the applicant compensation in the sum of $48,750.

Orders

Orders of the court

Applicant awarded compensation in the sum of $48,750

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	WCA v Willis [2010] QSC 304
PARTIES:	WCA (applicant) v KURT WALTER WILLIS (respondent)
FILE NO/S:	BS4573/10
DIVISION:	Trial Division
PROCEEDING:	Originating application
ORIGINATING COURT:	Supreme Court, Brisbane
DELIVERED ON:	18 August 2010
DELIVERED AT:	Supreme Court, Brisbane
HEARING DATE:	28 July 2010
JUDGE:	Margaret Wilson J
ORDER:	Applicant awarded compensation in the sum of $48,750
CATCHWORDS:	CRIMINAL LAW – PROCEDURE – Criminal Injuries Compensation – Queensland – amount and conduct affecting – where respondent charged with sexual offences against the applicant over a period of years – where applicant was aged between eight and 14 years when the offences were committed – where the applicant displayed chronic symptoms of post-traumatic stress disorder as a consequence of the abuse – determination of entitlement to compensation under Criminal Offence Victims Act 1995 (Qld) s 24 – assessment of compensation according to statutory compensation scheme Criminal Offence Victims Act 1995 (Qld), ss 19, 20, 21, 22, 24, 25 and 40 Criminal Offence Victims Regulation 1995 (Qld), ss 1A and 2 Victims of Crime Assistance Act 2009 (Qld), ss 149 and 155
COUNSEL:	M J Forbes (solicitor) for the applicant No appearance for the respondent
SOLICITORS:	Shine Lawyers for the applicant No appearance for the respondent