Wren v Gaulai

Case [2008] QCA 148


SUPREME COURT OF QUEENSLAND

CITATION:

Wren v Gaulai [2008] QCA 148

PARTIES:

ANDREW JOHN WREN
(applicant/appellant)
v
WILSON CONWELL GAULAI
(respondent/respondent)

FILE NO/S:

Appeal No 10022 of 2007
DC No 7 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED ON:

6 June 2008

DELIVERED AT:

Brisbane

HEARING DATE:

14 April 2008

JUDGES:

Keane and Fraser JJA and White J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.    Appeal allowed.

2.    Set aside the order made in the District Court on 10 October 2007, and in lieu thereof order that the respondent Wilson Conwell Gaulai pay the applicant Andrew John Wren the sum of $61,500 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1984 (Qld). 

3.    The respondent pay the appellant's costs of and incidental to the appeal.

4.    Grant the respondent an indemnity certificate under
s 15 of the Appeal Costs Fund Act 1973 (Qld).

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 – where the respondent was convicted of doing grievous bodily harm to the appellant – where the appellant was awarded $54,750 in compensation – where the appellant appealed on the basis that the award was manifestly inadequate because of the omission from the award of amounts for various injuries described in the relevant compensation table – where the trial judge had grouped some injuries with other injuries notwithstanding that some of the injuries fell within other descriptions in the compensation table – where the respondent argued that the trial judge was merely exercising his discretion – whether the trial judge erred in grouping together the injuries – whether the trial judge had correctly performed the task required by the Act – examination of the methodology to be applied in making assessments of applicable items in the compensation table when the assessment might be duplicitous

Criminal Offence Victims Act 1995 (Qld), s 22, s 24, s 25, s 26

Farragher v Daley [2005] QSC 277, cited
M R v Webb
[2001] QCA 113, cited
R v  Jones, ex parte Zaicov
[2002] 2 Qd R 303;
[2001] QCA 442, cited
R v Kazakao, ex parte Ferguson [2001] 2 Qd R 320;
[2000] QSC 156, cited
HW v LO [2001] 2 Qd R 415; [2000] QCA 377. cited
R v Pangilinan, ex parte Owens [2001] QSC 391, cited
R v Ward, ex parte Dooley
[2001] 2 Qd R 436;
[2000] QCA 493, cited
Riddle v Coffey [2002] QCA 337, referred to
Wren v Gaulai [2007] QDC 236, varied

COUNSEL:

S A Lynch for the appellant
No appearance for the respondent
K A Mellifont with leave as amicus curiae for the Attorney-General

SOLICITORS:

Clewett Lawyers for the appellant
No appearance for the respondent

Continue reading Wren v Gaulai

Sign in free to access the full text

Details
AGLC
Wren v Gaulai [2008] QCA 148
Case
[2008] QCA 148
Decision Date

CaseChat Overview and Summary

The appellant, Andrew John Wren, appealed against an order made by the District Court that he be paid $54,750 in compensation for grievous bodily harm inflicted by the respondent, Wilson Conwell Gaulai. The appeal was heard in the Queensland Court of Appeal, where the appellant argued that the award was manifestly inadequate due to the omission of amounts for various injuries described in the relevant compensation table. The respondent contended that the trial judge was merely exercising his discretion in grouping some injuries with other injuries, notwithstanding that some of the injuries fell within other descriptions in the compensation table.

The court examined the methodology to be applied in making assessments of applicable items in the compensation table when the assessment might be duplicitous. It was held that the trial judge had erred in grouping together the injuries, which resulted in the omission of certain amounts for specific injuries. The court found that the trial judge had not correctly performed the task required by the Act. As such, the appeal was allowed, and the compensation award was increased to $61,500.

In addition to the increased compensation award, the court ordered that the respondent pay the appellant's costs of and incidental to the appeal. The respondent was also granted an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld).

Orders

Orders of the court

1. Appeal allowed.

2. Set aside the order made in the District Court on 10 October 2007, and in lieu thereof order that the respondent Wilson Conwell Gaulai pay the applicant Andrew John Wren the sum of $61,500 by way of compensation pursuant to s 24 of the Criminal Offence Victims Act 1984 (Qld).

3. The respondent pay the appellant's costs of and incidental to the appeal.

4. Grant the respondent an indemnity certificate under

s 15 of the Appeal Costs Fund Act 1973 (Qld).

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.