Nicholas v Fourmile
[2003] QSC 134
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- Unreported Judgment
Nicholas v Fourmile[2003] QSC 134
Nicholas v Fourmile[2003] QSC 134
SUPREME COURT OF QUEENSLAND
CIVIL JURISDICTION
JONES J
Application No 138 of 2003
LORRAINE BETH NICHOLAS | Applicant |
and |
|
GAIL LYNETTE FOURMILE | Respondent |
CAIRNS
DATE 15/04/2003
JUDGMENT
HIS HONOUR: The applicant makes a claim for criminal compensation pursuant to section 663B(1) of the Criminal Code of Queensland.
The respondent was convicted, on her own confession, of the offence of doing grievous bodily harm to the applicant on the 4th of September 1980. The grievous bodily harm resulted from a stab wound which went between the applicant's ribs and lacerated the pericardium area. As a consequence of that stab wound the applicant's life was placed in jeopardy. She was given immediate treatment and ultimately taken to the Cairns Base Hospital where she remained for a short period but then the nature of her injuries necessitated her being transferred to the Chermside Hospital where she underwent surgery and remained in hospital for an extended period.
The applicant's physical injuries healed but she was left with some psychological damage, which was diagnosed by Christine Richardson, psychologist, and referred to in a report dated the 19th of December 2002.
It is unnecessary to speak in any detail about the consequences of the applicant's injury because the maximum compensation payable, pursuant to the legislation as it existed in 1980, is $5,000. These damages are to be assessed on the ordinary civil standard of assessment of damages, and I have no difficulty in reaching the view that the level of damages would easily exceed the maximum compensation which is applicable.
That being the case I will order that the respondent, Gail Lynette Fourmile, pay to the applicant the sum of $5,000 in compensation for the injuries suffered by her by reason of this offence for which the respondent was convicted on the 4th of September 1980.
I further order that the respondent pay the applicant's costs of and incidental to this application to be assessed on the standard basis.