WHG v LJC

Case [2010] QDC 395

DISTRICT COURT OF QUEENSLAND

CITATION:

WHG v LJC [2010] QDC 395

PARTIES:

WHG

(Applicant)

V

LJC

(Respondent)

FILE NO/S:

BD91/2010

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

17 September 2010 (ex tempore)

DELIVERED AT:

Mount Isa

HEARING DATE:

19 July, 13 August 2010

JUDGE:

Irwin DCJ

ORDER:

The respondent pay the applicant the sum of $13,500 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offence of sexual assault, which lead to the conviction of the respondent in the District Court at Brisbane on 27 August 2009

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – application for criminal compensation – where the respondent was convicted of one count of sexual assault – where the applicant suffered psychological symptoms not amounting to a post-traumatic stress disorder, and adverse impacts under reg 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld) as a result of the offence – assessment of compensation

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – ORDERS FOR COMPENSATION, REPARATION, RESTITUTION, FORFEITURE AND OTHER MATTERS RELATING TO DISPOSAL OF PROPERTY – COMPENSATION – QUEENSLAND – application for criminal compensation – where the respondent was convicted of one count of sexual assault – where the applicant suffered psychological symptoms not amounting to a post-traumatic stress disorder – whether the applicant entitled to criminal compensation for “mental or nervous shock” – whether scope of “mental or nervous shock” extends beyond a recognisable psychiatric illness – whether applicant entitled to criminal compensation for “adverse impacts”

Criminal Code 1899 (Qld), s 663A (repealed)

Criminal Offence Victims Act 1995 (Qld) (repealed), s 20, s 21, s 22, s 24, s 25, s 26, s 30, Schedule 1

Criminal Offence Victims Regulation 1995 (Qld) (repealed), s 1A, s 2, s 2A

Uniform Civil Procedure Rules 1999 (Qld), r 110(c), r 112(d)

Victims of Crime Assistance Act 2009 (Qld), s 149, s 155(1)(a), s 155(2)(b)

AT v FG [2004] QCA 295, cited

Beardsley v Loogatha [2001] QCA 438, considered

Daley v Daley, unreported, Robertson DCJ, No. 2501 of 2009, 7 December 2009, considered

Farragher v Daly [2005] QSC 277, cited

Hill v Dizo [2010] QDC 71, applied

JMR obo SRR v Hornsby [2009] QDC 147, cited

KMS v LJC [2010] QDC 284, considered

Michael v Christiansen [2010] QDC 157, applied

Orley v Bath [2000] QDC 338, cited

PAJ v AAK [2010] QCA 78, applied

JI v AV [2002] 2 Qd R 367, considered

R v Horne, ex parte Hill, unreported, Byrne J, Supreme Court No. 8829, 29 October 1999, considered

R v Kazakoff; ex parte Ferguson [2001] 2 Qd R 320, applied

R v Tiltman; ex parte Dawe (1995) QSC 345, cited

R…

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AGLC
WHG v LJC [2010] QDC 395
Case
[2010] QDC 395
Decision Date

CaseChat Overview and Summary

WHG filed an application for criminal compensation against LJC, following LJC's conviction of sexual assault in the District Court at Brisbane. WHG claimed psychological symptoms and other adverse impacts stemming from the offence. The court was tasked with determining whether WHG's psychological symptoms, which did not constitute a post-traumatic stress disorder, qualified as "mental or nervous shock" for compensation purposes. Additionally, the court had to assess whether the scope of "mental or nervous shock" extends beyond a recognisable psychiatric illness and whether WHG was entitled to compensation for the adverse impacts under regulation 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld).

The court considered the nature and extent of WHG's psychological symptoms and their impact on WHG's life. It examined the definition of "mental or nervous shock" and whether it encompassed psychological symptoms not amounting to a recognised psychiatric illness. The court also assessed the adverse impacts listed under regulation 1A(2) and whether they were sufficiently connected to the offence to warrant compensation. After evaluating the evidence and submissions, the court concluded that WHG's psychological symptoms and adverse impacts were sufficient to warrant compensation under the Criminal Offence Victims Act 1995 (Qld).

The court awarded WHG compensation of $13,500, finding that the psychological symptoms and adverse impacts met the criteria for compensation. The court determined that the term "mental or nervous shock" was not limited to recognisable psychiatric illnesses and could encompass a broader range of psychological impacts. The adverse impacts listed under regulation 1A(2) were also found to be eligible for compensation where they were directly linked to the offence. The court's decision underscores the importance of recognising the full spectrum of harm caused by criminal offences and the need for appropriate compensation for victims.

Orders

Orders of the court

The respondent pay the applicant the sum of $13,500 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1995 (Qld) for injuries sustained as a result of the offence of sexual assault, which lead to the conviction of the respondent in the District Court at Brisbane on 27 August 2009

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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