Crutcher v Skewes

[2010] QDC 382

DISTRICT COURT OF QUEENSLAND

CITATION:	Crutcher v Skewes [2010] QDC 382
PARTIES:	CINDY KAY CRUTCHER (Applicant) v
LEAHA TERESE SKEWES (Respondent)
FILE NO/S:	20/2010
DIVISION:	Civil
PROCEEDING:	Application for criminal compensation
ORIGINATING
COURT:	Beenleigh
DELIVERED ON:	7 October, 2010
DELIVERED AT:	Beenleigh
HEARING DATE:	13 September, 2010
JUDGE:	Dearden DCJ
ORDER:	The respondent Leaha Terese Skewes pay the applicant Cindy Kay Crutcher the sum of $19,500.
CATCHWORDS:	Application – criminal compensation – assault occasioning bodily harm – burglary with violence while armed – unlawful wounding – bruising/laceration – facial disfigurement or bodily scarring – fracture/loss of use of arm/wrist.
LEGISLATION:	Criminal Offence Victims Act (Qld) 1995 s. 24, s. 25(7), s. 40(1).
Victims of Crime Assistance Act (Qld) 2009 s. 154. s. 155.
CASES:	Paterson v Chand & Chand [2008] QDC 214
COUNSEL:	E Williams for the applicant No appearance for the respondents
SOLICITORS:	Colin Patino & Company Solicitors for the applicant No appearance for the respondent

Introduction

1. The respondent, Leaha Terese Skewes, pleaded guilty before me in the Beenleigh District Court on 2 February 2007 to one count of assault occasioning bodily harm while armed, one count of burglary with violence while armed, and one count of unlawful wounding, all in respect of the applicant Cindy Kay Crutcher.

2. The respondent was sentenced to six months imprisonment in respect of the assault occasioning bodily harm count, two years imprisonment in respect of the burglary with violence while armed count, and two years imprisonment in respect of the unlawful wounding count. All sentences were concurrent and subject to a parole release date on the date of sentence (2 February 2007).[1]

   [1] Exhibit CJP 3 (Sentencing Remarks) p.4, Affidavit of Colin Patino sworn 26 November 2009

Facts

1. The applicant, then 37, was a neighbour of the respondent. Prior to the offences, the applicant and the respondent had lived next door to each other for about 18 months and were initially on friendly terms, minding each other’s children and the respondent assisting the applicant with insulin injections.

2. In about September 2005, the friendship ended after an occasion when the applicant had friends over who stayed late into the night. The respondent became hostile towards the applicant and they stopped speaking. On 12 January 2006, the respondent came to the applicant’s front door and apologized to her and after this they began talking again and were on friendly terms, although not as friendly as previously.

3. At 4.30pm on 12 February 2006, the applicant was at the front of her unit sweeping leaves. The applicant was bending down behind some pot plants when she heard the respondent’s front door slam open and heard the respondent say “You want to laugh at me, I’ll give you something to laugh at, you fucking cunt.” The applicant then saw the respondent run along the fence between their units. The respondent ran into the applicant’s yard and screamed at her abusively, yelling “Are you laughing at me, cunt, are you laughing?” The applicant replied with words to the…