Calcutt v Letondeur [2006] QDC 78

DISTRICT COURT OF QUEENSLAND CITATION: Calcutt v Letondeur [2006] QDC 078 PARTIES: STEVEN MICHAEL CALCUTT Applicant v STEPHEN BRUCE LETONDEUR Respondent FILE NO/S: 8/2006 DIVISION: Civil PROCEEDING: Application for Criminal Compensation ORIGINATING COURT: District Court DELIVERED ON: 7 April 2006 DELIVERED AT: Ipswich HEARING DATE: 13 March 2006 JUDGE: Richards DCJ ORDER: The respondent is ordered to pay the applicant the sum of $7,500 compensation for injuries caused on 2nd October 2004. CATCHWORDS: Criminal compensation – nervous shock COUNSEL: Mr R Frigo for the applicant Respondent appeared in person SOLICITORS: McCowan Solicitors for the applicant -- 1 of 3 -- 2 [1] The applicant seeks criminal compensation pursuant to s. 24 of the Criminal Offence Victims Act 1995 for injuries sustained by the applicant as a result of a serious assault. [2] On 2 October 2004 the applicant and his partner [both police officers] were called to a residence at Burgoyne Street, Booval in relation to a disturbance involving the respondent. The respondent was extremely intoxicated and abusive to neighbours and it was necessary to arrest him. Upon arrest the respondent became violent and was restrained using handcuffs. Once handcuffed he began thrashing on the ground, hitting his head against the cement floor, on several occasions, resulting in injuries to the side of his head and bleeding from the ear. [3] He was taken to the Ipswich Hospital to have his injuries seen. Whilst at the hospital he behaved in a hostile manner and was again restrained. He sustained an injury to his left hand which caused bleeding. When he was bleeding, the respondent lunged forward with his left arm and rubbed his blood up and down the respondent’s right arm, indicating that he had AIDS and that he had Hepatitis C. [4] As a result of being exposed to the respondent’s blood, the applicant attended the Ipswich General Hospital and was advised of the need to undergo blood tests. [5] The respondent appeared at the hearing of this application indicating that he was remorseful and accepted that the applicant was entitled to compensation. He mentioned that the day after the offence he apologised to the applicant, told him that he did not have AIDS or Hepatitis C, and voluntarily submitted to a blood test. The blood test confirmed that he did not have any transmissible diseases. The facts were confirmed in the sentencing submissions. [6] He was seen by Tayne Garforth, a psychologist, on 26 August 2005 and she has provided a report for the purposes of this application. She noted that his symptoms have resulted in marked and excessive emotional distress and a significant impairment to social and occupational functioning. At the time of the report the -- 2 of 3 -- 3 psychologist indicated that he had an adjustment disorder with depressed mood, which, in the main, has abated. The disorder lasted for six to nine months after the incident and would have resulted in mild impairment to daily functioning. [7] Unfortunately the psychologist was not given the information that the respondent gave a voluntary blood test the day after the assault and it would therefore have been known to the applicant very soon after the offence that he did not suffer from any communicable diseases. Her opinion therefore is, to an extent, compromised as the basis for the applicant’s anxiety was significantly diminished very soon after the test results were known. [8] Despite this, it is accepted that it would have been extremely distressing to the applicant to have another person’s blood rubbed on him and he must have been very upset for the short period of time during which he would have been uncertain about whether the respondent did, indeed, have a communicable disease such as AIDS or Hepatitis C. [9] He is entitled to compensation under the Act. He did not in any way contribute to his injuries. [10] He is entitled to compensation for mental or nervous shock in the sum of $7,500. ORDER The respondent is ordered to pay the applicant the sum of $7,500 compensation for injuries caused on 2nd October 2004. -- 3 of 3 --