Webster v Yasso

[2002] QDC 206

DISTRICT COURT OF QUEENSLAND

CITATION:

Webster v Yasso [2002] QDC 206

PARTIES:

ALLISON WEBSTER
  Plaintiff

and

CLINTON JAMES YASSO
  Defendant

FILE NO/S:

D1888/01

DIVISION:

PROCEEDING:

Assessment of damages

ORIGINATING COURT:

District Court Brisbane

DELIVERED ON:

26 July 2002

DELIVERED AT:

Brisbane

HEARING DATE:

20 May 2002

JUDGE:

McGill DCJ

ORDER:

Damages assessed at $86,126

CATCHWORDS:

DAMAGES – Exemplary – Aggravated – when appropriate in civil action for sexual assault

TRESPASS – To the person – sexual assault – damages – exemplary damages – aggravated damages – damages for infringement of personal integrity

COUNSEL:

G W Diehm for the plaintiff

No appearance for the defendant

SOLICITORS:

Blake Dawson Waldron for the plaintiff

1. This is an assessment of damages in an action for damages for assault and trespass to property. The proceeding was commenced by a claim filed on 20 April 2001, and judgment in default of a Notice of Intention to Defend was signed by a Deputy Registrar on 14 February 2002. Damages are being assessed pursuant to that judgment in accordance with Part 8 of Chapter 13 of the Uniform Civil Procedure Rules.

1. According to the statement of Claim the Plaintiff is claiming damages for the effects of two incidents:

(a)        On 23 April 1998 the Defendant raped the Plaintiff and otherwise assaulted her in ways which were assaults of a sexual nature, as a result of which she sustained bruising and psychological injury.

(b)        Between 6 and 13 February 1999 the Defendant entered the Plaintiff’s premises whilst she was absent and spread a quantity of oil throughout the premises, in the process damaging a number of possessions belonging to the Plaintiff, as well as smashing a cabinet and trying to set fire to some clothing belonging to the Plaintiff, as a result of which the Plaintiff suffered loss and damage.

1. For the purposes of this assessment I assume that those events occurred as alleged.  As a result of a complaint from the Plaintiff, the Defendant was charged with rape, and tried twice.  At the first trial the jury was unable to agree, and at the second trial the Defendant was acquitted.  The Defendant has not been charged with any offence in respect of the circumstances giving rise to the claim for damages for trespass to property.  However, these matters are not relevant for the purposes of this proceeding.

Facts 

1. There had been some relationship between the parties some time previously, including a sexual relationship, and the Plaintiff has a child by the Defendant: Ex 1.  They had been living together for some time but had separated, and the Plaintiff told the Defendant a number of times that the relationship was over.  Nevertheless on the night in question the Defendant came to the Plaintiff’s residence whilst she was asleep and got in somehow, removed her underwear, and began to assault her sexually.

Physical injury

1. The bruising suffered by the Plaintiff was a thumb print and finger print around her arms, and a large bruise across the upper part of…