Earthrowl v Dixon

[2006] QDC 479

DISTRICT COURT OF QUEENSLAND

CITATION:

Earthrowl v Dixon [2006] QDC 479

PARTIES:

NICOLE LEANNE EARTHROWL

Applicant

V

DARRYELLE ARTHUR DIXON

Respondent

FILE NO/S:

4113/05

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

District Court, Brisbane

DELIVERED ON:

11 April 2006

DELIVERED AT:

Brisbane

HEARING DATE:

2 April 2006

JUDGE:

Nase DCJ

ORDER:

1.   That Darryelle Arthur Dixon pay to Nicole Leanne Earthrowl the sum of $24,750 by way of compensation pursuant to the Criminal Offence Victims Act 1995.

2.   The Affidavit of D.A. Dixon dated 16.3.06 and filed on the 17.3.06, is to be sealed in an envelope and not opened unless at the direction of a Judge.

CATCHWORDS:

COUNSEL:

Mr Peters, solicitor,  for the plaintiff

Mr Kissick for the respondent

SOLICITORS:

Bruce Peters Lawyers for the plaintiff

MA Kent & Associates for the respondent

[1]      This is an application for a compensation order by Nicole Leanne Earthrowl (the applicant) pursuant to the Criminal Offence Victims Act 1995 (the Act).  The respondent to the application is Darryelle Arthur Dixon.

[2]      On 4 March 2004 the respondent was convicted on indictment following his plea to a charge of assault occasioning bodily harm whilst armed.  He was sentenced to an 18 month suspended term of imprisonment.

[3]      The assault occurred in the early hours of 29 March 2003 in an apartment in which the applicant was then living with her young daughter.

[4]      The applicant and the respondent have lived in a de facto relationship for an extended period of time.  At the time of this assault a domestic violence order against the respondent was in force.  Some time after the assault they resumed cohabitation.  As I understand the applicant’s evidence, the final break up came in March/April 2005, although within their relationship 2 September 2004 is also a significant date as the applicant was wounded, she alleges by the respondent, on that date.  I was told he is presently awaiting trial on the charge of unlawful wounding.

[5]      The assault was sustained and brutal, only ending when the applicant’s daughter escaped from the apartment.  When the ambulance arrived the applicant was unconscious and her hair had been roughly cut.  A medical report under the hand of a Dr Queenan tendered at the original sentence sets out the applicant’s injuries in detail:

“Head

6 lumps spread over scalp

No laceration seen

Hair short and long in places – appears obviously hacked/cut consistent with allegations

Metal clips remaining in hair – had plaits/extensions

Face

Right side:

Light purple bruise to right temple laterally above eyebrow 2x2cm

Lump 1.5x1.5cm above medial aspect of right eyebrow

Dark purple/red around upper lateral aspect of right eyelid and entire lower eyelid

No conjunctival haematoma

No lacerations around right eye

Left side:

Large bruise over entire upper and lower eyelids, dark red/purple over medial aspect of upper eyelid extending to lower eyelid

Laceration (dermis breached) 2cm to upper left cheek, in infraorbital crease.  (This wound was cleared, explored and sutured by Dr Magee.)  Nerves…