Zaicov v Jones

In the Supreme Court of Queensland, the case of Zaicov v Jones involved two applicants, Stephen Peter Zaicov and Richard Mark McKenna, who were shot by Sean Patrick Jones at a motorcycle display held at the Tugun Rugby League Football Club on 9 November 1996. The applicants, both members of the "Black Ulans" motorcycle club, sought compensation under the Criminal Offence Victims' Act (Qld) 1995. The court had to determine the extent of the contribution by the applicants to their injuries and the appropriate amount of compensation to be awarded. The applicants argued that the reduction for their contribution should be from the sum total of the compensation percentages, rather than from the scheme maximum of $75,000.

The court examined the injuries sustained by each applicant and assessed the compensation based on the most serious consequence of the injuries. For Zaicov, the court assessed his injuries as follows: 20% for a gunshot wound, 20% for mental or nervous shock resulting from paraplegia, and 70% for paraplegia. This resulted in a total assessment of 110%, which was then reduced by 50% due to his contribution to his injury, resulting in a compensation of $37,500. For McKenna, the court assessed his injuries as follows: 30% for a back injury, 25% for mental or nervous shock, and 20% for other sequelae of the gunshot wound, resulting in a total assessment of 75% of the scheme maximum, reduced by 50% for his contribution, resulting in a compensation of $28,125.

The court rejected the applicants' argument that the reduction for their contribution should be from the sum total of the compensation percentages, instead holding that the reduction should be from the scheme maximum of $75,000. The court found that the applicants' argument was inconsistent with the provisions of the Criminal Offence Victims' Act (Qld) 1995, which aimed to ensure equitable treatment between applicants and prevent unjustifiable multiplicity of applications. The court concluded that treating the applicants' injuries as a single injury was appropriate and that the reduction for their contribution should be applied to the scheme maximum of $75,000. The court relied on the decision in R. v. Ferguson Ex Parte Matthews [1988] 2 Qd R 282 to support its reasoning.

The final orders of the court were that the respondent, Sean Patrick Jones, pay to Stephen Peter Zaicov compensation in the sum of $37,500 and to Richard Mark McKenna compensation in the sum of $28,125.