IN THE DISTRICT COURT HELD AT CAIRNS

CIVIL JURISDICTION         Application No. 21 of 1999

BEFORE HER HONOUR JUDGE BRADLEY

28 JANUARY, 2000

[2000] QDC 444

IN THE MATTER of the Criminal Offence Victims Act 1995

and

IN THE MATTER of R v BRETT GRANT

and

IN THE MATTER of an Application for compensation by ANDREW ROBERT MAZLIN                                                                                   

REASONS FOR JUDGMENT

The Applicant seeks an order for compensation for injuries received at the hands of the Respondent.  The Respondent was convicted in the District Court at Cairns on the 1 April 1998 of the offence of Unlawfully Wounding the Applicant at Mareeba on the 8 July 1997.  The Respondent has been served with the Application and the supporting material, but did not appear and was not represented at the hearing of this Application.

Facts

The offence occurred at the Royal Hotel Mareeba where the Applicant had been drinking with his uncle and another man.  It appears from the statements tendered that the Applicant and his companions were quite intoxicated and a disagreement developed between the Applicant and the Respondent, who was also in the bar at the time.  This eventually resulted in a consensual fight between the two men, during which the Applicant appears to have come off second-best.  The fight subsequently involved others in the bar including the Applicant’s uncle and his companion.  After the men separated the Respondent went into the hotel toilets and when he came out he again approached the Applicant and his uncle, and was punched by them.  The Respondent then drew a knife, stabbing the Applicant’s uncle in the chest and lacerating the Applicant’s arm.

Injuries

The Applicant went to the Mareeba Hospital where the following injuries were noted:

• One 8cm laceration to left upper arm involving skin only;
• Superficial 1cm laceration to left abdominal wall;
• Laceration to left inner lip involving skin through to buccal mucosa;
• Contusion to right upper lateral orbital margin.

The Applicant’s wounds were cleaned and the lacerations to his left arm and lip were sutured.  He was given a Tetanus injection and discharged from hospital.

It would appear from the statements tendered in this Application that the last two injuries were received during the consensual fight which did not result in any charges against the Respondent, and I disregard those injuries.

Following the incident the Applicant was left with scarring to his left upper arm and his left lower rib area and says that he was not able to look for work for approximately one month after the incident because of his injury.

In his Victim Impact Statement the Applicant said that:

“during the time before the Police arrested the person who gave me these injuries I was constantly worried about meeting this person on the streets.  I felt that he was capable of attempting to stab me or any person I was with again.

I am in a de-facto relationship and have two children through that relationship.  I am concerned that there may be repercussions towards my family.”

Contribution

Whilst it would appear that the Applicant should take some responsibility for what occurred prior to the stabbing and in fact the sentencing Judge did in his sentencing remarks accept that the Applicant and his uncle were behaving in an “obnoxious way”, and the Respondent should not be punished for the fist fight that followed, His Honour did find that what happened subsequently when the Respondent used a knife was inexcusable and unprovoked.  Accordingly I am satisfied that no behaviour on the part of the Applicant directly or indirectly contributed to his injury. 

Compensation

I assess compensation in accordance with the Compensation Table under the Criminal Offence Victims Act as follows:

I order that the Respondent pay to the Applicant the sum of $11 250 by way of compensation.