WNH v RLB - [2012] QDC 213

DISTRICT COURT OF QUEENSLAND

CITATION:

WNH v RLB [2012] QDC 213

PARTIES:

WNH

(Applicant)

V

RLB

(Respondent)

FILE NO/S:

16/2008

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court at Kingaroy

DELIVERED ON:

22 June 2012 (ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

22 June 2012

JUDGE:

Irwin DCJ

ORDER:

The respondent pay to the applicant the amount of $15,000 by way of compensation pursuant to section 24 of the Criminal Offence Victims Act (Qld) for injuries suffered by the applicant by reason of the offence for which the respondent was convicted on 24 March 2004.

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 grievous bodily harm – where the applicant suffered a severe facial fracture, swelling and pain as a result of the offenses – amount 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- where the respondent was convicted in the Childrens Court of Queensland - where the application for criminal compensation was filed in the District Court - whether the District Court has jurisdiction to hear the application.

Acts Interpretation Act 1954 (Qld), s 36

Criminal Offence Victims Act 1995 (Qld) (repealed), ss 20, 21, 22, 24, 25, 26, 30, 32, 40, Schedule 1

Criminal Offence Victims Regulation 1995 (Qld) (repealed), s 2

Uniform Civil Procedure Rules 1999 (Qld), rr 27, 105, 389

Victims of Crime Assistance Act 2009 (Qld), s 167(2)

Boyd-Bush v Braden [2010] QDC 348 applied

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

Laning v C-K [2010] QDC, unreported, No 3795 of 2009, 20 August 2010, applied

Pettingill v Minister for Justice and Attorney-General [2003] QSC 385, cited

R v Callaghan and Fleming, ex parte Power [1986] 1 Qd R 457, cited

R v Ward, ex parte Dooley [2001] 2 Qd R 436, applied

Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, cited

Summers v Dougherty [2001] QSC 365, cited

Wren v Gaulai [2008] QCA 148, cited

Zaicov & McKenna v Jones [2001] QCA 442, cited

COUNSEL:

M. Werner for the applicant

The respondent appeared on his own behalf by phone

SOLICITORS:

Woods Murdoch Solicitors for the applicant

The respondent appeared on his own behalf by phone

HIS HONOUR: The applicant seeks compensation pursuant to section 24 of the Criminal Offence Victims Act (1995) (Qld)(The Act) for physical injuries claimed to have been sustained by him as a result of an offence of grievous bodily harm of which the respondent was convicted on his plea of guilty in the Childrens Court of Queensland at Mt Isa on 24 March 2004.

On that date, Wylie QC DCJ, released the respondent who…

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 WNH v RLB

Details

AGLC: WNH v RLB [2012] QDC 213
Case: [2012] QDC 213
Decision Date: 22 June 2012 (ex tempore)

CaseChat Overview and Summary

In the case of WNH v RLB, the applicant, WNH, applied for criminal compensation from the respondent, RLB, who had been convicted of grievous bodily harm. The injuries suffered by WNH included a severe facial fracture, swelling, and ongoing pain, directly resulting from the respondent's actions. The application for compensation was filed in the District Court of Queensland, despite the conviction occurring in the Children's Court of Queensland. The central legal issues revolved around the jurisdiction of the District Court to hear the application for criminal compensation and the appropriate quantum of compensation for the injuries sustained.

The court considered whether it had jurisdiction to hear the application for criminal compensation, given that the conviction was originally handed down by the Children's Court. It was established that under Queensland law, the District Court does indeed have the jurisdiction to hear such applications, even if the original conviction was from a different court. The court then proceeded to determine the appropriate amount of compensation, taking into account the severity and lasting impact of WNH's injuries. After evaluating the evidence and submissions, the court found that $15,000 was a just and appropriate amount of compensation for the harm caused.

The court ruled that the respondent, RLB, must pay the applicant, WNH, the sum of $15,000 as compensation. This decision was grounded on the significant injuries WNH suffered, the nature of the offence, and the statutory framework under which the compensation was being claimed. The court's ruling affirmed the District Court's jurisdiction to hear such applications and highlighted the importance of providing adequate compensation to victims of crime.

Orders

Orders of the court

The respondent pay to the applicant the amount of $15,000 by way of compensation pursuant to section 24 of the Criminal Offence Victims Act (Qld) for injuries suffered by the applicant by reason of the offence for which the respondent was convicted on 24 March 2004.

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:	WNH v RLB [2012] QDC 213
PARTIES:	WNH (Applicant) V RLB (Respondent)
FILE NO/S:	16/2008
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING COURT:	District Court at Kingaroy
DELIVERED ON:	22 June 2012 (ex tempore)
DELIVERED AT:	Brisbane
HEARING DATE:	22 June 2012
JUDGE:	Irwin DCJ
ORDER:	The respondent pay to the applicant the amount of $15,000 by way of compensation pursuant to section 24 of the Criminal Offence Victims Act (Qld) for injuries suffered by the applicant by reason of the offence for which the respondent was convicted on 24 March 2004.
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 grievous bodily harm – where the applicant suffered a severe facial fracture, swelling and pain as a result of the offenses – amount 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- where the respondent was convicted in the Childrens Court of Queensland - where the application for criminal compensation was filed in the District Court - whether the District Court has jurisdiction to hear the application. Acts Interpretation Act 1954 (Qld), s 36 Criminal Offence Victims Act 1995 (Qld) (repealed), ss 20, 21, 22, 24, 25, 26, 30, 32, 40, Schedule 1 Criminal Offence Victims Regulation 1995 (Qld) (repealed), s 2 Uniform Civil Procedure Rules 1999 (Qld), rr 27, 105, 389 Victims of Crime Assistance Act 2009 (Qld), s 167(2) Boyd-Bush v Braden [2010] QDC 348 applied JMR obo SRR v Hornsby [2009] QDC 147, applied Laning v C-K [2010] QDC, unreported, No 3795 of 2009, 20 August 2010, applied Pettingill v Minister for Justice and Attorney-General [2003] QSC 385, cited R v Callaghan and Fleming, ex parte Power [1986] 1 Qd R 457, cited R v Ward, ex parte Dooley [2001] 2 Qd R 436, applied Riddle v Coffey (2002) 133 A Crim R 220; [2002] QCA 337, cited Summers v Dougherty [2001] QSC 365, cited Wren v Gaulai [2008] QCA 148, cited Zaicov & McKenna v Jones [2001] QCA 442, cited
COUNSEL:	M. Werner for the applicant The respondent appeared on his own behalf by phone
SOLICITORS:	Woods Murdoch Solicitors for the applicant The respondent appeared on his own behalf by phone