Wilson v Kairouz

[2005] QDC 401

DISTRICT COURT OF QUEENSLAND

CITATION:

Wilson v Kairouz [2005] QDC 401

PARTIES:

QUENTIN KEITH WILSON

Applicant

v

TONY KAIROUZ

Respondent

FILE NO:

351/2005

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

Southport

DELIVERED ON:

26 August 2005

DELIVERED AT:

Southport

HEARING DATE:

22 August 2005

JUDGE:

Dearden DCJ

ORDER:

Order that the respondent, Tony Kairouz, pay the applicant, Quentin Wilson, the sum of $16,500.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION

Criminal Offence Victims Act 1995

Cases cited:

R v Ward ex parte Dooley [2001] 2 Qd R 436
Riddle v Coffey (2002) 133 A Crim R 220

COUNSEL:

Mr C Bagley for the applicant  

No appearance for the respondent

SOLICITORS:

McLaughlins for the applicant  

1. The applicant seeks compensation in respect of injuries suffered by him in an incident which occurred on 13 April 2003.  This incident subsequently resulted in the respondent pleading guilty on 5 October 2004, to one count of assault occasioning bodily harm while armed with an offensive instrument, and being sentenced in respect of that count by Judge Healy in the District Court, Southport on 6 October 2004.

Facts

1. The applicant, Quentin Wilson, went with his partner and his parents to the Coolangatta airport on Sunday 13 April 2003 to collect his daughter who was flying into that airport for an access visit.  Mr Wilson went to the Freedom service station at the cusp of the airport where he bought a present for his daughter.

1. While Mr Wilson was leaving the Freedom service station, he heard screaming or shouting coming from the kebab shop next to the Freedom service station.          Mr Wilson could see a man yelling and raising his arms.  This man was, in fact, Tony Kairouz, the respondent in these proceedings.  Mr Wilson could hear a female screaming and, being concerned, he and his partner went into the kebab shop while his parents stayed in the car.  Mr Wilson went through to the door of the kitchen where he could hear the female screaming.  Mr Wilson saw a woman in her 50s getting up off the floor and Mr Kairouz screaming, waving his hands around and shaking the head of a young boy (who appeared to be nine or 10).  Mr Wilson enquired, “What’s going on here, mate?” and was told by Mr Kairouz, “Get out of my shop.  Go away.  Leave me alone.”  Further words were exchanged and Mr Kairouz started pushing Mr Wilson against his chest and telling him to get out of the shop.  Mr Wilson pushed Mr Kairouz away to create space between them so that he could get a good look at the woman and the boy to see that they were alright. 

2. In the meantime Mr Wilson’s partner, Ms Melanie Smith, asked Mr Kairouz his name, which he refused to give.  Ms Smith then said that she was going to call the police. 

1. Mr Kairouz then said to Mr Wilson that Mr Wilson had assaulted him by pushing him, that he had a camera in the store…