Veronica Robyn Mccasker Cic [1991] ACTSC 110 (12 December 1991)

SUPREME COURT OF THE ACT

VERONICA ROBYN McCASKER
C.I.C. No. 2 of 1991
Criminal Injuries Compensation

COURT

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

CATCHWORDS

Criminal Injuries Compensation - Assault - Intent to Engage in Sexual Intercourse Without Consent - Assault with Intent to Murder - Acute Post Traumatic Stress Disorder

Criminal Injuries Compensation Act 1983

HEARING

CANBERRA
12:12:1991

ORDER

Compensation be awarded to the applicant in the sum of $12,000.00 together with the sum of $580.00 for expenses.

DECISION

This is an application for compensation under the Criminal Injuries Compensation Act 1983 in respect of an assault suffered by the applicant on 29 October 1989.

2. On 21 March 1990 one Kirran Allister Sen was indicted in this Court on a charge that he entered the room occupied by the applicant as a trespasser with intent to engage in sexual intercourse with the applicant without her consent and further that on that day he attempted to suffocate the applicant with intent to murder her.

3. The offender was found guilty and sentenced to imprisonment for four years and seven years respectively. The offender died at Goulbourn on about 8 April 1990.

4. The applicant was a seventeen year old student at the Canberra College of Advanced Education, and was living in a room at Arscott House, one of the college student residences. On the evening before the assault she had been with friends to a nightclub until early in the morning. She returned to her room, got into bed and went to sleep. Shortly after 9.15 in the morning she was awakened by two hands gripping her around the neck. She also felt pain in her upper lip. She had a brief view of the face of her assailant, a man. One of the hands left her throat and she then felt and saw a pillow being put over her face and she heard the words, "Don't move or I will kill you". She started to scream but could not breathe properly through the pillow. The pressure of the pillow on her face was increased. She struggled with the assailant and grabbed him around the throat with both hands. She was, of course, terrified and in fear of her life. She began to kick and struggle and managed to kick him away and to push the pillow away from her face. Her attacker then fled.

5. Having raised the alarm, she sat on the stairs in shock. She was later taken by Police to Belconnen Police Station to make a statement.

6. Later that morning she consulted Dr Mansoor who found her withdrawn and tearful. There was a small lacerated wound running horizontally inside the upper lip on the left side about seven to ten millimetres long. She thought that she had been bitten on the lip, but the doctor's opinion was that the wound was consistent with that caused by her own teeth when pressure was applied on the mouth from the outside.

7. For two months after the incident she was unable to sleep alone. For a number of months she was terrified to the extent that she slept with a knife under her pillow and bought a dog. The incident disrupted her exams and she was unable to sit for two of them. She consulted a social worker at the college but did not derive much assistance from her. In July 1991 she consulted Dr Lawrence, a psychiatrist in Brisbane.

8. She had been attending the college in order to obtain tertiary qualifications as a Court Reporter. Despite the interruptions to her studies, she resumed a similar course in Brisbane but found that she was unable to function in the situation of a Court Reporter. She found herself distracted through feeling empathy or preoccupation with either the victim or the accused. She discontinued the course and during 1991 obtained three weeks temporary work with a solicitor's firm. At the time of Dr Lawrence's report in July 1991 she was unemployed but seeking employment. Dr Lawrence has described her symptoms in a very detailed and comprehensive report. In her opinion the applicant has developed features of an acute post-traumatic stress disorder. She also displayed symptoms suggesting a major depressive reaction with behavioural disturbances affecting her physical activities, appetite, weight, bowel habit and intrusion into sexual activity. The most significant result was the effect upon her attitude, interest, motivation and her ability to concentrate on her chosen career.

9. Dr Lawrence thought that her condition warranted counselling and supportive psychotherapy, but the applicant has rejected any attempts to help her in this way.

10. For her pain and suffering I would award the sum of $12,000. The expenses of bringing the application were $580.00. I award total compensation in the sum of $12,580.00.