Zografos v Sweeper

DISTRICT COURT OF QUEENSLAND

CITATION:

Zografos v Sweeper [2006] QDC 359

PARTIES:

PANDELIS ZOGRAFOS

(Applicant)

v

KAREN WENDY SWEEPER
(Respondent)

FILE NO/S:

D50 of 2006

DIVISION:

Civil Jurisdiction

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Beenleigh

DELIVERED ON:

11 October 2006

DELIVERED AT:

Brisbane

HEARING DATE:

15 August 2006

JUDGE:

Tutt DCJ

ORDER:

The respondent pay to the applicant the sum of $12,750.00 by way of compensation for injuries caused by the respondent to the applicant for which the respondent was convicted by the District Court at Beenleigh on 1 August 2005.

CATCHWORDS:

Criminal compensation – serious assault – biting of applicant police officer – mental or nervous shock.

Criminal Offence Victims Act 1995 ss. 24, 25(6) and (7) and 31.

Ferguson v Kazakoff [2000] QSC 156.

SOLICITORS:

Mr D Hutchings for Gilshenan & Luton Lawyers for the applicant.

No appearance for the respondent.

Introduction

1. The applicant, Pandelis Zografos, claims compensation under Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) for alleged bodily injury he sustained arising out of the criminal conduct of the respondent, Karen Wendy Sweeper, who was convicted by the District Court at Beenleigh on 1 August 2005 for the offence of serious assault to the applicant committed on 11 September 2004.

1. The respondent although being served with the application made no appearance at the hearing.

1. The application for compensation is made pursuant to s 24 of the Act and is supported by the following material:-

(a)        the affidavit with exhibits of the applicant, sworn 8 May 2006 and filed in this court on 17 May 2006;

(b)        the affidavit with exhibits of Lena Maree Gatti, paralegal, sworn 16 May 2006 and filed in this court on 17 May 2006; and

(c)        the affidavit with exhibits of Axel Estensen, consultant psychiatrist, sworn 12 May 2006 and filed in this court on 17 May 2006.

Facts

1. The applicant who is a police officer was acting in the course of his employment on 11 September 2004 at Drewvale, Queensland when he was bitten by the respondent on his left wrist as a result of which he experienced “…exceptional pain and asked her to remove her mouth however she continued to bite down harder”[1].  Ultimately the respondent released her mouth from the applicant’s wrist and was then taken to the Beenleigh watch house

   [1]           Paragraph 4 of the applicant’s affidavit.

Injuries

1. The applicant’s injuries are described in the Logan Hospital records of 12 September 2004 in the following terms:

“ …Police officer bitten by client on wrist tiny shallow break in skin and large area erythema – Hep B vaccinated – Blood taken for HIV, Hep B and C – the prisoner will have blood taken – will F/U with GP.”[2]

[2]           Exhibit “LMG-3” to the affidavit of Lena Maree Gatti.

1. The applicant was also examined by Axel Estensen, consultant psychiatrist, on 19 January 2006 who diagnosed him as suffering from an “adjustment disorder with anxiety symptoms (chronic)”. 

1. In addition to any physical injury…