LWC v FML

[2011] QDC 230

DISTRICT COURT OF QUEENSLAND

CITATION:

LWC v FML [2011] QDC 230

PARTIES:

LWC
(Applicant)

V

FML
(Respondent)

FILE NO/S:

36/2010

DIVISION:

Civil

PROCEEDING:

Application for criminal compensation

ORIGINATING COURT:

Beenleigh

DELIVERED ON:

2 September, 2011

DELIVERED AT:

Beenleigh

HEARING DATE:

2 August 2011

JUDGE:

Dearden DCJ

ORDER:

That the respondent, FML, pay the applicant, LWC, the sum of $63,750.

CATCHWORDS:

Application – criminal compensation – deprivation of liberty – rape – bruising/laceration – mental or nervous shock – adverse impacts

LEGISLATION:

Criminal Offence Victims Act 1995 (Qld) ss. 25(7) and 40(1)

Victims of Crime Assistance Act 2009 (Qld) ss. 154 and 155

Criminal Offence Victims Regulation 1995 (Qld) s.1A

CASES:

JMR obo SRR v Hornsby [2009] QDC 147

JI v AV [2002] 2 Qd R 367

SAY v AZ; ex parte Attorney-General (Qld) [2006] QCA 462

Vlug v Carrasco [2006] QCR 561

COUNSEL:

Ms F Muirhead (solicitor) for the applicant

No appearance for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

No appearance for the respondent

Introduction

1. The respondent, FML pleaded guilty in the District Court, Beenleigh on 24 August 2009 to one count of deprivation of liberty and nine counts of rape in respect of the applicant LWC.  On 19 November 2009, the respondent was sentenced to an effective head sentence of seven and a half years with a declaration of 470 days spent in pre-sentence custody as time served, and a parole eligibility date fixed at 9 April 2011 (i.e. two and a half years). 

Facts

1. The applicant was at the time of the offending (22 May 2007) married to the respondent and living with him at Regents Park, Queensland.  On that day, the applicant had been out and arrived home at about 5.00pm, noticing the respondent had been drinking alcohol which was unusual.

1. Subsequently the applicant went to her bed after falling asleep in the children’s bedroom.  The respondent came into the room and tied the applicant’s hands and feet to separate corners of the bed and placed a sock in her mouth.  The respondent then sexually offended against the applicant with acts including forced digital penetration of the vagina and anus; forced fellatio, forced sodomy, and the insertion of a wooden toilet roll holder covered with glad wrap and lubricant into the applicant’s vagina and anus.  The offences occurred over a period of one to two hours and the respondent took photographs with a digital camera.  The applicant was repeatedly questioned about alleged sexually infidelity by the respondent, who also threatened to kill the applicant.  The respondent then went to the kitchen and returned with a video camera and went into an ensuite bathroom.  The applicant, believing the respondent was about to kill her and film it, managed to get free of the rope and ran naked to the next door neighbour where she was allowed in and phoned the police.  The respondent came into the neighbour’s yard, angry and yelling.  The respondent then drove off at about 11.00pm with his three children and attended…