Application By Keith Banton Under the Criminal Injuries Compensation Act 1983 Cic [1991] ACTSC 20 (14 March 1991)

SUPREME COURT OF THE ACT

APPLICATION BY KEITH BANTON UNDER THE CRIMINAL INJURIES COMPENSATION ACT 1983
C.I.C. No. 29 of 1990
Criminal Injuries Compensation

COURT

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

CATCHWORDS

Criminal Injuries Compensation - Stab Wounds - Apprehension - No issue of Principle

HEARING

CANBERRA
14:3:1991

Counsel for the Applicant: Mr S. Wilcox

Solicitors for the Applicant: Messrs Crossin Power Haslem

Counsel for the Respondent: Mr Holmes

Solicitor for the Respondent: Solicitor for the Australian

Capital Territory

ORDER

The applicant be awarded compensation in the sum of $12,000.00 and the sum of $55.00 for the expenses of bringing the application.

DECISION

This is an application under the Criminal Injuries Compensation Act 1983.

2. I note that the applicant's name is misspelt Bannon in the application. I direct that the proceedings be amended to show the applicant's correct name.

3. The applicant is the friend who was present at the home of Julie Anne Dutton when she suffered the injuries for which compensation was awarded in CIC 6 of 1990. The applications were heard together, by consent of the parties and counsel for the Australian Capital Territory.

4. On 15 October 1990 Nicholas Wales was convicted in this Court on a charge of maliciously wounding the applicant on 6 October 1989.

5. I therefore have jurisdiction pursuant to s. 11(1) of the Act and O.61A r. 1.01(k) of the Rules.

6. During the struggle with Wales the applicant was, of course, terrified. He suffered shock, bruises, a laceration to the base of the right thumb and two stab wounds to the abdomen.

7. He was taken to Royal Canberra Hospital, where five stitches were inserted in the thumb. The hospital records that there was no neurological deficit of the thumb, and no evidence of tendon injury.

8. However, the thumb now feels numb all along the top of it.

9. The applicant is a bus driver, and feels pain in the thumb when operating a change machine, or using his thumb for similar tasks.

10. The puncture wound in his stomach was, fortunately, not deep. It was sutured.

11. The stitches were removed about 10 days later.

12. The applicant did not lose any time off work, and has not needed further medical attention.

13. He continues to be nervous, and apprehensive about what may happen when Wales is released from prison.

14. I think that a reasonable compensation for his pain and suffering and injury would be $12,000.00. The expenses of bringing the application were $55.00.

15. I award compensation in the sum of $12,055.00.