Ian Robert Campbell Cic [1991] ACTSC 107 (12 December 1991)

SUPREME COURT OF THE ACT

IAN ROBERT CAMPBELL
C.I.C. No. 62 of 1990
Criminal Injuries Compensation

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Master A. Hogan(1)

CATCHWORDS

Criminal Injuries Compensation - Assault - Post Traumatic Stress Disorder - Medical Evidence -

Criminal Injuries Compensation Act 1983

HEARING

CANBERRA
12:12:1991

ORDER

Compensation be awarded to the applicant in the sum of $10,000.00 together with the sum of $532.00 for expenses.

DECISION

This is an application for compensation under the Criminal Injuries Compensation Act 1983 arising out of an assault suffered by the applicant on 23 October 1989.

2. On 7 May 1990, one Michael Robert Wyatt was indicted in this court on one charge of inflicting actual bodily harm upon the applicant with intent to engage in sexual intercourse with Louise Elizabeth Duchesne and with another count of assaulting the applicant, thereby occasioning to him, actual bodily harm. On the first of those charges Wyatt was sentenced to imprisonment for five years.

3. The applicant, on the evening of 22 October 1989 had accompanied Miss Duchesne to a cafe, and at about midnight had gone with her to a tavern in Civic to play pool.

4. While there, they met Wyatt and played some pool with him. At about 3.30am the three left together to walk to the hotel where Wyatt was staying.

5. While I accept the evidence of Miss Duchesne that she intended to catch a taxi from the hotel, the applicant did not dispute that part of his purpose for going to the hotel was to smoke marijuana with Wyatt. They had all had some alcohol to drink. While they were walking through Haig Park, Miss Duchesne was ahead of the two men. The applicant was then struck on the head and was knocked to the ground, where he lost consciousness. When he came to, he was struggling to get to his feet and spitting out bits of teeth. He could hear Miss Duchesne screaming. When he got up Wyatt came to him and fought with him. While they were fighting Wyatt threatened to kill him. The fight lasted about 20 to 30 seconds. The applicant backed away from Wyatt and started towards Miss Duchesne at which time Wyatt turned and ran away. As they made their escape they encountered a Police car and were taken to the Police Station.

6. During the fight the applicant was kicked in the groin area and punched about the head several times. He sustained a broken tooth, bruising and lacerations.

7. At 7.25 am on 23 October the Police Surgeon examined him and noted a tender swelling near the right side of the nose, a 4.5 cm by 2 cm haematoma above the left eyebrow, a bruise along the temporal area on the left, a missing left incisor tooth and a laceration of the inside of the lower lip about 2 cm by 1.5 cm.

8. His upper left central incisor had been fitted with a post crown. The next day he saw a dental surgeon who noted that the post crown was missing and the lower left central incisor had been slightly loosened. X-rays had been taken and a temporary crown was attached. In May 1989 further dental work was done and a porcelain-bonded-to-gold crown was cemented in on 20 December 1989.

9. Mr Robertson, the dental surgeon, states that the "prognosis for the crown is favourable as long as the shortened root holding it does not fracture. A shortened root with a post placed within it is more prone to fracture than a full length one. Should the root be fractured the tooth would have to be extracted and would need to be replaced initially with a denture and then later by means of bridgework which would cost in all up to three thousand dollars". The cost of the dental work already done was $849.50.

10. On 24 September 1990, the applicant was examined by Mr F.E.S. Keiller, from a Consultant Surgeon. Dr Keiller noted that in his history that the applicant had been kicked in the loin while unconscious as a result of which he suffered a more acute pain at that site and passed blood in his urine for 24 hours. In his opinion, the applicant sustained painful, soft tissue injuries in the nature of bruising to his right kidney and similar injuries to other superficial areas as well as brief concussion. He had made a full recovery from the concussion and the bruised kidney. In the medico legal sense he is stable with no requirement for reassessment.

11. In June and July 1990, the applicant was seen by Dr A. Merrifield, Consultant Psychiatrist. In Dr Merrifield's opinion he had suffered from a post-traumatic stress disorder. Symptoms of tenseness, anxiety, depression, irritability and bad dreams. He had been studying a law course which had been interrupted in the aftermath of the assault, but I think it would be wrong to approach the case on the basis that a promising legal career was cut short by the incident. He may eventually qualify as a lawyer, but I think that it was always going to take some time for him to finish those studies, if he ever does.

12. On the other hand, the upset and the necessity to attend Court did interfere with his progress at work as a Public Servant, from which he resigned during 1991.

13. The applicant was examined for the Territory by Dr Saboisky, a Consultant Psychiatrist. Dr Saboisky confirmed that as a result of the assault the applicant did suffer from acute manifestations of post-traumatic stress disorder, the more acute manifestations of which lasted for about 3 months. Dr Saboisky believes that his current condition is mild and should settle with the passage of time. He does not believe that he needs any particular treatment.

14. It is obvious from the evidence that the applicant may have been unwise to have set out to accompany Wyatt on that journey at that time, but it was not submitted on behalf of the Territory that his behaviour or attitude directly or indirectly contributed to his injury. The point was however raised, in considering such other circumstances as the Court might consider relevant, public policy required that there be taken into account the proposed illegal activity of smoking marijuana. In my opinion, it would not be right to take that matter into account in determining the amount of compensation to be awarded.

15. He took a number of days off on sick leave as a result of headaches, and during the period he consulted Dr Merrifield he was off work on half pay for one week and without pay for two weeks.

16. I do not think that the applicant suffered pecuniary loss as a consequence of total or partial incapacity for work due to the injury, although the experience did play some part in the fact that his subsequent career with the Public Service was not as enjoyable as it otherwise would have been.

17. In round figures his total financial loss was of the order of $1,600. Taking that into account together with a reasonable compensation for his pain and suffering, I would award compensation of $10,000.00.

18. The expenses of bringing the application were $532.00.

19. I order total compensation in the sum of $10,532.00.