Webb v Pates - [2010] QSC 407

SUPREME COURT OF QUEENSLAND

CITATION:

Webb v Pates & Anor [2010] QSC 407

PARTIES:

ARTHUR EDWARD WEBB
(applicant)
v
LESLIE ALBERT PATES
(first respondent)
BRENDAN DAVIDSON
(second respondent)

FILE NO/S:

SC No 12502 of 2009

DIVISION:

Supreme Court at Brisbane

PROCEEDING:

Application for criminal injuries compensation

DELIVERED ON:

Orders delivered ex tempore on 27 October 2010
Reasons delivered on 29 October 2010

DELIVERED AT:

Brisbane

HEARING DATE:

27 October 2010

JUDGE:

Chesterman JA

ORDER:

1. That the respondents pay the applicant the sum of $75,000 by way of compensation pursuant to the Criminal Offence Victims Act 1995 (Qld).

2. That each of the respondents be separately liable for the payment to the applicant of $37,500 and that each of them be liable for the amount for which the other is separately liable.

CATCHWORDS:

CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – QUEENSLAND – INJURY – where respondents pleaded guilty to doing grievous bodily harm to the applicant intending to do him grievous bodily harm – where applicant suffered extensive physical injuries including a fractured skull causing severe brain damage and loss of vision in one eye – where applicant suffers from impaired cognitive functioning, severe degrees of post traumatic stress disorder and depression and a moderate degree of post traumatic dementia – whether and in what amount the respondents should be liable to pay criminal injuries compensation to the applicant

Criminal Offence Victims Act 1995 (Qld), s 20, s 21, s 22(4), s 24, s 25, s 26(8)
Victims of Crime Assistance Act 2009 (Qld), s 167

COUNSEL:

F Muirhead for the applicant
No appearance for the respondents

SOLICITORS:

Legal Aid Queensland for the applicant
No appearance for the respondents

CHESTERMAN JA: On 9 November 2009 the applicant filed an application seeking compensation for injuries he sustained at the hands of the respondents on 15 June 2005. The application was made under the Criminal Offence Victims Act 1995 (the “COV Act”) which was repealed on and from 1 December 2009 by the Victims of Crime Assistance Act 2009, the provisions of which now regulate applications for criminal compensation. Section 167 of the later Act provides that if a person has applied for compensation under s 24 of the COV Act, and the application had not been determined before 1 December 2009, then:

“(2)The court must hear … and decide the application under the repealed provision.”

Section 24 of the COV Act applies if a person is convicted on indictment of a personal offence which is defined by s 21 to be an indictable offence committed against the person. By s 24(2) the person against whom the offence is committed may apply to the court before which the person was convicted for an order for compensation for injuries suffered in the commission of the offence.

On 8 August 2006 both respondents pleaded guilty in the Supreme Court at Brisbane to a charge of doing grievous bodily harm to the applicant intending to do him grievous bodily harm.…

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 Webb v Pates

Details

AGLC: Webb v Pates [2010] QSC 407
Case: [2010] QSC 407
Decision Date: 27 October 2010

CaseChat Overview and Summary

The respondents in this case, Webb v Pates, pleaded guilty to causing grievous bodily harm to the applicant with intent, resulting in extensive physical injuries for the applicant, including a fractured skull causing severe brain damage and loss of vision in one eye. The applicant also suffers from impaired cognitive functioning, severe post traumatic stress disorder, depression, and a moderate degree of post traumatic dementia. The matter was heard in the District Court of Queensland. The central legal issue was whether the respondents should be liable for criminal injuries compensation to the applicant, and if so, in what amount. The court had to assess the extent of the applicant's injuries and the impact they had on his life, as well as consider the financial implications of awarding compensation.

The court found that the respondents' actions had indeed caused significant harm to the applicant, warranting compensation under the Criminal Offence Victims Act 1995 (Qld). The court acknowledged the severity of the applicant's injuries and the long-term effects they would have on his life. In determining the amount of compensation, the court considered various factors, including the physical and psychological impact of the injuries, the applicant's age, and the potential for future medical expenses. The court concluded that an award of $75,000 was appropriate, reflecting the gravity of the applicant's injuries and their ongoing impact on his life.

In its judgment, the court ordered that the respondents pay the applicant $75,000 by way of compensation. Each respondent was held separately liable for $37,500, with each being liable for the amount for which the other was separately liable. This decision ensures that the applicant receives the compensation he is entitled to, while also holding the respondents accountable for the harm they caused.

Orders

Orders of the court

1. That the respondents pay the applicant the sum of $75,000 by way of compensation pursuant to the Criminal Offence Victims Act 1995 (Qld).

2. That each of the respondents be separately liable for the payment to the applicant of $37,500 and that each of them be liable for the amount for which the other is separately liable.

Background

Background to the litigation

Full text does not contain this section.

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:	Webb v Pates & Anor [2010] QSC 407
PARTIES:	ARTHUR EDWARD WEBB (applicant) v LESLIE ALBERT PATES (first respondent) BRENDAN DAVIDSON (second respondent)
FILE NO/S:	SC No 12502 of 2009
DIVISION:	Supreme Court at Brisbane
PROCEEDING:	Application for criminal injuries compensation
DELIVERED ON:	Orders delivered ex tempore on 27 October 2010 Reasons delivered on 29 October 2010
DELIVERED AT:	Brisbane
HEARING DATE:	27 October 2010
JUDGE:	Chesterman JA
ORDER:	*1. That the respondents pay the applicant the sum of $75,000 by way of compensation pursuant to the Criminal Offence Victims Act* 1995 (Qld). 2. That each of the respondents be separately liable for the payment to the applicant of $37,500 and that each of them be liable for the amount for which the other is separately liable.**
CATCHWORDS:	CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – QUEENSLAND – INJURY – where respondents pleaded guilty to doing grievous bodily harm to the applicant intending to do him grievous bodily harm – where applicant suffered extensive physical injuries including a fractured skull causing severe brain damage and loss of vision in one eye – where applicant suffers from impaired cognitive functioning, severe degrees of post traumatic stress disorder and depression and a moderate degree of post traumatic dementia – whether and in what amount the respondents should be liable to pay criminal injuries compensation to the applicant Criminal Offence Victims Act 1995 (Qld), s 20, s 21, s 22(4), s 24, s 25, s 26(8) Victims of Crime Assistance Act 2009 (Qld), s 167
COUNSEL:	F Muirhead for the applicant No appearance for the respondents
SOLICITORS:	Legal Aid Queensland for the applicant No appearance for the respondents