DISTRICT COURT OF QUEENSLAND

1. [1]
   This is an application for a compensation order pursuant to section 24 of the Criminal Offence Victims Act 1995 (“COVA”).

2. [2]
   The injuries giving rise to the application were suffered as a result of personal offences for which the respondent was convicted on indictment on 31 August 2006, namely one count of assault and one count of assault occasioning bodily harm whilst armed with an offensive instrument, which occurred on 1 December 2004 (“the first offences”) and one count of assault occasioning bodily harm which occurred on 12 August 2005 (“the second offence”).

Facts

3. [3]
   At the time of the first offence the applicant and the respondent were in a de facto relationship. The respondent repeatedly punched the applicant in the head, told her he wanted to kill her, attempted to strangle her and also to break her neck (“the first incident”).

4. [4]
   At the time of the second offence the applicant was no longer in a relationship with the respondent. While she was talking to another man outside a house at Pormpuraaw in the evening, the respondent stepped out of the darkness and punched her in the head from behind. She fell to the ground and the respondent then kicked her twice in the face whilst wearing steel capped boots (“the second incident”).

Injuries

5. [5]
   The applicant suffered the following injuries as a consequence of the incidents:

As a result of the first incident she suffered:

• A right sub-conjunctival bleed;
• Multiple superficial lacerations to her face and neck; and
• Superficial lacerations to her right hand.

As a result of the second incident she suffered swelling around her eyes and the frontal region of her head and a sub-conjunctival haemorrhage involving her right eye.

As a result of both incidents she suffered psychological sequelae.

The relevant law

6. [6]
   COVA establishes a scheme for the payment of compensation to the victims of certain indictable offences including those who suffer “injury” as defined in section 20, being “bodily injury, mental or nervous shock, pregnancy or any injury specified in the compensation table as prescribed under a regulation.”

7. [7]
   Pursuant to section 25 of COVA, a compensation order may only be made up to the scheme maximum of $75,000 specified in section 2 of the Criminal Offence Victims Regulation 1995 (“COVR”) using the percentages listed for an injury specified in the Compensation Table in SCHEDULE 1 of COVA. In R v Jones ex parte Zaicov^[1] Holmes J described the process in the following terms:

“Thus, my examination of the section convinces me that a two or three stage process is entailed. Where there is more than one injury, the first step is to arrive at the amounts in respect of each injury, the second is to add those amounts together, and the third, to arrive at the compensation order.”

8. [8]
   Relevantly the Compensation Table prescribes:

• Item 2 – Bruising/laceration etc (severe) ...3% - 5%
• Item 32 – Mental or nervous shock (moderate)...10% - 20%

9. [9]
   Section 25 of COVA also states that the court, in determining the amount that should be paid for an injury, “should have regard to everything relevant, including, for example, any behaviour of the applicant that directly or indirectly contributed to the injury.” Furthermore the process of assessing compensation pursuant to COVA does not involve applying principles used to decide common law damages for personal injuries and the maximum amount of compensation provided for is reserved for the most serious cases, with the amounts provided in other cases intended to be scaled accordingly.^[2] If an injury is not specifically listed in the Compensation Table the court must decide the amount of compensation by comparing the injury or injuries under injuries listed in the Compensation Table and having regard to the amounts that may be ordered to be paid for these injuries.^[3]

The Assessment

10. [10]
    The applicant’s physical injuries are described in medical reports placed before the court. Photos of her injuries graphically illustrate the extent of the bruising she sustained. In her reports dated 22 January 2008 and 28 February 2009, Dr Richardson, psychologist, lists the psychological impacts of the incidents upon the applicant. It is recorded that the applicant has sought the assistance of a counsellor at the Pormpuraaw Healing Centre. Dr Richardson is of the view that the applicant is suffering from a Post Traumatic Stress Disorder “in the moderate range” and “moderate symptoms associated with Major depressive Disorder.”

11. [11]
    I am satisfied that the applicant did not contribute to the injury.

12. [12]
    Having regard to the evidence before me and in particular to the matters set out above, I assess compensation pursuant to COVA and the Compensation Table as follows:

Item 2 – 5%     $3,750.00

Item 32 – 20%     $15,000.00

       $18,750.00

Order

13. [13]
    I order that the respondent pay the applicant the sum of $18750.00