ZBN v CFD

[2009] QDC 394

DISTRICT COURT OF QUEENSLAND

CITATION:

ZBN v CFD [2009] QDC 394

PARTIES:

ZBN by his litigation guardian JSB

(Applicant)

v

CFD

(Respondent)

FILE NO/S:

BD 2326/09

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

4 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

23 November 2009

JUDGE:

Rafter SC DCJ

ORDER:

1. The respondent pay to the applicant the sum of $22,500 by way of compensation pursuant to s24 Criminal Offence Victims Act 1995 for injuries sustained as a result of the offences of  torture and assault occasioning bodily harm which led to the conviction of the respondent in the District Court at Ipswich on 24 June 2008

2.       The monies are to be paid to the Public Trustee of Queensland who is hereby authorised to receive and hold such monies on behalf of the applicant.

3.       The Public Trustee of Queensland is hereby further authorised to advance such monies or part of such monies from time to time for the maintenance, education or treatment (including counselling) of the applicant as the Public Trustee in his or her discretion considers appropriate.

4.       The Public Trustee pay to the solicitors for the Litigation Guardian (whose receipt shall be sufficient discharge), the proper legal costs and outgoings out of any monies received from the respondent or any other person including any ex-gratia payment made by the State of Queensland pursuant to this assessment order.

5.       The applicant and the Public Trustee be at liberty to apply to this Court in respect of the administration of the trust fund as may be advised.

CATCHWORDS:

APPLICATION – CRIMINAL COMPENSATION – torture– assault occasioning bodily harm – physical injuries and mental or nervous shock –

COUNSEL:

M M Stone (solicitor) for the applicant

No appearance by or for the respondent

SOLICITORS:

Mark M Stone for the applicant

No appearance by or for the respondent

Introduction

1. The applicant seeks compensation pursuant to s.24 Criminal Offence Victims Act 1995 for physical and emotional injuries caused by offences committed by the respondent on 14 January 2007.

1. On 24 June 2008 the respondent was convicted by a jury of 1 count of torture and 4 counts of assault occasioning bodily harm. He was found not guilty in relation to 1 count of assault occasioning bodily harm.  He was sentenced to 4 years imprisonment, suspended after serving 17 months imprisonment. The respondent had spent 37 days in pre-sentence custody for these and other offences which could not be declared as imprisonment already served, but was taken into account. The respondent was served with the originating application and supporting affidavits on 13 September 2009.

1. The applicant’s solicitor served the Public Trustee with the application and supporting affidavits on 9 October 2009. Mr Simon Miller, for the Public Trustee wrote to the applicant’s solicitor on 14 October 2009. He stated that the Public Trustee is of the view that the respondent is not under his control. Accordingly the Public Trustee had no involvement in the matter.

1. There…