Griven v Yeatman

DISTRICT COURT OF QUEENSLAND

CITATION:	Griven v Yeatman [2001] QDC 213
PARTIES:	ELEANOR MADGE GRIVEN as litigation guardian for VIRGINIA AZAELIA ETHEL GRIVEN (Applicant) TRENT THOMAS YEATMAN (Respondent)
FILE NO/S:	Application 85 of 2000
DIVISION:	Trial
PROCEEDING:	Criminal Compensation Application
ORIGINATING	District Court, Cairns
COURT:
DELIVERED ON:
DELIVERED AT:	Cairns
HEARING DATE:	24/11/2000
JUDGE:	White DCJ
ORDER:	That the respondent, Trent Thomas Yeatman, pay the applicant the sum of $36,000 by way of compensation
CATCHWORDS:
COUNSEL:
SOLICITORS:	T. Price (Legal Aid Office) for the applicant

[1]

The respondent, Trent Thomas Yeatman, was convicted in the District Court at
Cairns of the following offences:-

1.	That on a date unknown between the second day of September, 1998 and the 12th day of September, 1998 at Yarrabah in the State of Queensland he unlawfully assaulted Virginia Azaelia Ethel Griven and thereby did her bodily harm and he was armed with an offensive weapon, namely a knife.
2.	That on a date unknown between the 2nd day of September, 1998 and the 12th day of September, 1998 at Yarrabah in the State of Queensland he unlawfully deprived Virginia Azaelia Ethel Griven of her personal liberty.
3.	That on a date unknown between the 2nd day of September 1998 and the 12th day September, 1998 at Yarrabah in the State of Queensland he raped Virginia Azaelia Ethel Griven.

This is an application by the said Virginia Griven for compensation pursuant to s.24 of the Criminal Offence Victims Act 1995. I note that the respondent was convicted on his own plea of guilty in respect of other offences on that date but the application filed and served in the matter is confined to the three offences specified above.

(b)

1. The applicant was born on 19 April, 1983. For approximately 4 or 5 months at the beginning of 1998 the applicant and the respondent were going out together. They had sexual intercourse on a number of occasions. The relationship ended in June, 1998. It is apparent from the subsequent events that the respondent was not prepared to accept the end of the relationship. One night between the dates alleged in the indictment, the applicant was on the beach at Yarrabah with some friends. The respondent called her over to talk. The applicant observed that the respondent had an open pocket knife in his right hand pointing the blade at her and he had a length of chain in his left hand. The applicant was frightened and kept still. The conversation went on for some considerable time and during that time the respondent gave the applicant and knife and chain to hold. Even then I accept, the applicant was fearful for her own safety. The respondent was insisting that they get back together again and eventually he grabbed the knife and chain back from the applicant. The respondent grabbed the applicant around the neck, put the knife to her throat and dragged the knife across her throat. She felt a cut. It was those facts which constituted…