Livingstone v Yeatman

DISTRICT COURT OF QUEENSLAND

CITATION:	Livingstone v Yeatman [2001] QDC 216
PARTIES:	IRIS LIVINGSTONE as litigation guardian for LILLIAN TERESA LIVINGTON (Applicant) TRENT THOMAS YEATMAN (Respondent)
FILE NO/S:	91 of 2000
DIVISION:	Trial
PROCEEDING:	Application for Criminal Compensation
ORIGINATING	Cairns
COURT:
DELIVERED ON:	18/5/01
DELIVERED AT:	Cairns
HEARING DATE:	24/11/2000
JUDGE:	White DCJ
ORDER:	That the respondent, Trent Thomas Yeatman, pay the applicant the sum of $38,000 by way of compensation. That any amount paid to the applicant pursuant to this order be paid to the Public Trustee whose receipt for such sum shall be sufficient discharge. That the Public Trustee pay to the solicitor for the litigation guardian, Iris Livingstone, the assessed or authorised costs out of any monies received from the respondent or any other person pursuant to this assessment and order. That the Public Trustee of Queensland be appointed of and take possession of and control and manage the said sum on behalf of Lillian Teresa Livingstone with powers and duties defined in the Public Trustee Act 1978 during the minority of Lillian Teresa Livingstone.
CATCHWORDS:
COUNSEL:
SOLICITORS:	T. Price (Legal Aid Office)

The respondent, Trent Thomas Yeatman, was convicted in the District Court at
Cairns on 4 April, 2000 of the following offences:-

2.            That on 30th day of October, 1998 at Yarrabah in the State of Queensland he raped Lillian Teresa Livingstone.

(b)

This is an application by the said Lillian Teresa Livingstone for compensation pursuant to s.24 of the Criminal Offence Victims Act 1995. I note that although the originating application refers to the count of common assault, there is no evidence indicating the circumstances in which the offence was committed or any injuries resulting therefrom. However, since the offence charged was common assault only I assume that any injuries were absent or negligible.

1. The applicant was born on 19 June 1984. She was therefore aged 14 years at the time of the commission of the offence. She was a resident of the Aboriginal Community at Yarrabah. The respondent also resided at Yarrabah and the applicant was slightly acquainted with him. On the night of 29/30 October, 1998 the applicant was with a group of friends at a party at a residence at Yarrabah. The respondent called the applicant over to him and threatened to stab her. He grabbed her by the shirt and pushed her in front of him into an outdoor toilet at a nearby house. He pushed her into a sitting position on the toilet and then attempted to push his penis into the applicant’s mouth. She attempted to push him away and during the course of the struggle was forced to her knees in front of the toilet seat. The respondent pulled the applicant to her feet by her hair and then pulled her pants down whilst she attempted to keep them in place. He then forced her to lie on the ground and had sexual intercourse with her. Whilst the respondent was putting his jeans on again the applicant…