Wren v. Gaulai

[2007] QDC 236

DISTRICT COURT OF QUEENSLAND

CITATION:

Wren v Gaulai [2007] QDC 236

PARTIES:

ANDREW JOHN WREN
(Plaintiff)

V

WILSON CONWELL GAULAI
(Respondent)

FILE NO/S:

7/2007

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

10 October 2007

DELIVERED AT:

Beenleigh

HEARING DATE:

31 May 2007

JUDGE:

Dearden DCJ

ORDERS:

The respondent Wilson Conwell Gaulai pay the applicant Andrew John Wren the sum of $54,750

CATCHWORDS:

APPLICATION - CRIMINAL COMPENSATION – Duplication – Grievous Bodily Harm - Bruising/Laceration – Facial Fracture – Fractured Nose – Facial Disfigurement or Bodily Scarring – Loss or Damage of the Teeth – Loss of Vision – Fractured Skull/Head Injury – Mental or Nervous Shock

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss 21, 22(4), 24, 25(7), 26

CASES:

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

Riddle v Coffey [2002] 133 A Crim R 220; [2002] QCA 337

Atkinson v McCallum [2002] QDC 328

COUNSEL:

Ms C Cheek (solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Clewett Corser & Drummond for the applicant

No appearance for the respondent

Introduction

1. The applicant Andrew John Wren seeks compensation in respect of injuries suffered by him arising out of an incident which occurred on 25 October 2002 at Kingston, resulting in the respondent Wilson Conwell Gaulai pleading guilty before Judge Healy in the Beenleigh District Court on 23 February 2004 to one count of grievous bodily harm.  The respondent was sentenced to three years’ imprisonment, suspended after serving a period of 12 months’ imprisonment, with an operational period of four years.

The Facts

1. The applicant was 22 at the relevant time.  The applicant knew the respondent through dating the respondent’s cousin.  On 25 October 2002, the applicant attended the Logan Centrelink office for an appointment at 9.30 am.  On his way out the applicant met the respondent outside.  The respondent was drinking Cola and Bourbon at the time.  The respondent told the applicant he had just come back from the Gold Coast and had not had a chance to sleep yet.  They discussed other matters and then they walked to the Woodridge Tavern and each purchased six cans of Bourbon and Cola.  The applicant and the respondent then met up with a female friend known as Rigny, who later drove them to a pub in Slacks Creek.  By the time they arrived at this location the applicant had completed five of his six cans.  It is unknown how many the respondent had had by then. 

1. Once at the pub, the applicant and the respondent went their separate ways inside.  The applicant met up with another mate, Mr Russell, and the respondent met up with other unidentified persons.  At about 7.00 pm, the applicant and Mr Russell decided to call it a night and catch a taxi home.  The respondent requested a ride as well, to be dropped off on their way.  During the ride home plans changed, and the respondent returned to the applicant’s home with both the applicant and Mr…