Griven v Yeatman

[2001] QDC 213

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 the first of the offences referred to above.

2. The respondent then forced the applicant to go with him. She did so out of fear. During the walk he cut the applicant on the cheek with the knife. When they got to the respondent’s grandmother’s house the respondent forced the applicant through a window into a bedroom. There he forced the applicant to remove her clothes and against her protests, proceeded to have sexual intercourse with her to the point of ejaculation. She then dressed and ran home. These facts constitute the second and third offences referred to above.

3. As a result of these offences the applicant received a laceration to her throat and a laceration to her cheek. However, there is no mention of any permanent scarring in any of the material filed in the application. Nevertheless, she is entitled to some compensation for these physical injuries.

4. As to the emotional consequences of the offences, there are in evidence reports from a clinical psychologist, Donna Goodman, and a counsellor with the Cairns Rape Crisis and Incest Service, Jane Hobby. I accept that the matters referred to in those reports accurately reflect the emotional effect of the offences upon the applicant. I am not satisfied that any of those consequences constitute “mental or nervous shock” within the meaning of Item 33 of Schedule 1 to the Act. I am, however, satisfied that they entitle the applicant to substantial compensation pursuant to Regulation 1A of the Act which specifically provides for the adverse impacts of a sexual offence. I accept the submissions of the solicitor for the applicant concerning these matters as follows:-

(a)

A sense of violation - humiliated because she chose to trust the respondent and wonders whether she will be able to trust another person again;

Reduced self-worth or perception – meat or an animal”. Donna Goodman reports that the applicant blames herself for the offence. It was also noted by Donna Goodman that the applicant experiences suicidal ideation.

(c)

Adverse effect on the ability to interact with others – being often irritable. Donna Goodman reports that the applicant shows a loss of trust in others and social alienation from males including male relatives.

(d)

Increased fear of feelings or feelings of insecurity – walk through her community as freely as she once did and avoids the places where the respondent’s family live. Donna Goodman reports that the applicant is experiencing bad dreams or recollections of the offence. The applicant has also reported to Jane Hobby that the applicant is fearful of the respondent when he is released.

(e)

Adverse impact on lawful sexual relations – sexual relations in the future. Donna Goodman reports that although the applicant expresses a wish to be married in the future she cannot see herself with a boy.

(f)

Adverse impact on feelings – feelings. Donna Goodman indicates that the applicant reported feeling depressed and sometimes cries at nothing. This is confirmed in Jane Hobby’s report which further describes the applicant as being happy before the offence occurred.

Other relevant matters to be taken into account are the following consequences to the applicant.

(i)         Intermittent nightmares;

(ii)        Anxiety and depression;

(iii)       Damaged sense of self;

(iv)       Embarrassment and emotional harm;

(v)        Behavioural disturbances.

[6] I am satisfied that there was nothing in the applicant’s behaviour at the time of the
offence, which contributed to her injuries.

1. In respect of the lacerations suffered by the applicant I would allow $1,000.00. I would allow $35,000.00 for the adverse impacts of the sexual offence. The total amount therefore is $36,000.00. Although the applicant was 17 at the time of commencement of this application she has now turned 18, and it is no longer necessary to make an order requiring the Public Trustee to manage any compensation received as a result of this application.