Dick v Yougie
[2008] QDC 102
•28 February 2008
DISTRICT COURT OF QUEENSLAND
CITATION:
Dick v Yougie [2008] QDC 102
PARTIES:
LEONIE MAY DICK
(Applicant)
v
GRACE ANN YOUGIE
(Respondent)FILE NO/S:
168 of 2007
DIVISION:
PROCEEDING:
Application for Criminal Compensation
ORIGINATING COURT:
DELIVERED ON:
28 February 2008
DELIVERED AT:
Cairns
HEARING DATE:
24 August 2007. Further submissions received 26 February 2008.
JUDGE:
Bradley DCJ
ORDER:
That the respondent pay to the applicant the sum of $18,750 by way of criminal compensation.
CATCHWORDS:
COUNSEL:
No appearance for either party (written submissions received on behalf of the applicant)
SOLICITORS:
ILS Qld Limited Solicitors for the applicant
On 15 September 2006 in the District Court in Cairns the respondent was convicted of unlawfully wounding the applicant on 18 September 2005 at Wujal Wujal. Wujal Wujal is a remote Aboriginal community on Cape York Peninsula.
The applicant now seeks an order for compensation for the injuries suffered by her because of the offence pursuant to s 24 of the Criminal Offence Victims Act 1995 (“the Act”).
The respondent has been personally served with the application and the supporting material but she did not appear at the hearing of the application.
I was not the sentencing judge but from the transcript of the sentencing proceedings the facts are that the respondent is the applicant’s aunt and on 17 September 2005 both the applicant and the respondent were at a big party at the hall in Wujal Wujal. Both had been drinking. At about 1 or 2 o’clock the following morning the applicant and the respondent returned home to the flat they had been sharing for about two months.
The applicant accused the respondent of going through her belongings and started calling her nasty names. This upset the respondent and an argument followed. There was some pushing between them and the applicant pulled the respondent’s hair. The respondent went into the kitchen saying she was going to get a knife. She returned holding something in her hand and swung it at the applicant causing the applicant to fall to the ground. The applicant tried to push the respondent away with her leg and the respondent also fell to the ground.
The respondent bit the applicant on the left upper leg. When the applicant tried to push the respondent away the respondent stabbed her with the implement twice in the left leg. The respondent then stabbed the applicant in the left upper arm. The applicant yelled for help and others came to assist her and ultimately she was taken to hospital.
There was some dispute during the sentencing proceedings as to whether the implement used was a knife or a fork. That is immaterial to this application. Although it is clear that the applicant and the respondent were arguing and swearing at each other there was no behaviour whatsoever on behalf of the applicant to justify the use of a weapon against her and I am satisfied that she did not contribute to her injuries.
The applicant presented to the Wujal Wujal Primary Health Care Clinic at about 2.20 am and was found to have the following lacerations:-
2 on left upper arm – 1 x 5 cm and gaping requiring 3 x 4.0 nylon sutures and 1 x 2 cm requiring 2 x 4.0 nylon sutures
2 on left leg – 1 x 4 cm and gaping requiring 4 x 4.0 nylon sutures and 1 x 3 cm requiring 3 x 4.0 nylon sutures
Haematoma formed in the 4 cm leg wound
Superficial laceration on index finger.
The applicant was taken to the Cooktown Hospital for admission for overnight observation.
On 26 September 2005 the applicant was reviewed at the Wujal Wujal Primary Health Care Centre and was found to have an area of numbness in her lateral left foot, secondary to a nerve injury. Antibiotics were required for a subsequent infection to her left leg on 30 September 2005 and the sutures were removed and the wound had healed well by 4 October 2005.
I have been provided with six photographs taken at the time the applicant initially presented to the Health Clinic which illustrate her injuries.
In an affidavit sworn on 31 May 2007 and filed in support of her application the applicant states:-
“(a) I was scared when the respondent stabbed me.
(b) I was yelling for help. I could feel the blood running down my leg.
(c) It all happened so fast that it took me by surprise.
(d) I had to go in the ambulance to the hospital.
(e) They gave me an injection to make everything numb then stitched me up.
(f) After I got out of hospital I had a hard time trying to do my jobs around the house and caring for my daughter.
(g) I couldn’t walk very much for the pain.
(h) I don’t feel safe living in Wujal anymore. I am worried that the respondent will do [sic] to my daughter or me.
(i) I still have some nightmares about it.
(j) I get scared when I’m around her if she is drinking.
(k) I also get angry when I think of what the respondent did to me. She is my aunt, she is not meant to hurt me.
On 11 April 2007 the applicant was interviewed and assessed by Leah Rawlings, a psychologist and in her report of 27 April 2007 Ms Rawlings describes the applicant as a single woman with the care of a daughter who appears to have both physical and mental difficulties. The applicant herself reports having asthma, high blood pressure and high cholesterol levels. The applicant reported symptoms of stress, hypervigilance, anger, fear and nightmares and expressed anxious arousal when confronted with situations involving violence. In times of stress she engages in suicidal ideation.
It is Ms Rawlings’ opinion that these symptoms are of moderate severity and are likely to continue for some time. However, in Ms Rawlings’ opinion the applicant has been the victim of abuse for many years and the offence committed by the respondent has contributed to her present condition “by an estimated 30%”. Clearly the offence made a material contribution to the applicant’s condition. Ms Rawlings does not see any need for counselling.
The applicant is entitled to compensation assessed in accordance with the Compensation Table which is Schedule 1 to the Act as follows:-
Item 25: Stab wounds (moderate) 10% $ 7,500.00
Item 27: Bodily scarring (minor) 5% $ 3,750.00
Item 32: Mental or nervous shock (moderate) 10% $ 7,500.00
$18,750.00
I order that the respondent pay to the applicant the sum of $18,750 by way of criminal compensation.
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