Application By Julie Anne Dutton Under the Criminal Injuries Compensation Act 1983 Cic [1991] ACTSC 21 (14 March 1991)

SUPREME COURT OF THE ACT

APPLICATION BY JULIE ANNE DUTTON UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983
C.I.C. No. 6 of 1990
Criminal Injuries Compensation

COURT

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

CATCHWORDS

Criminal Injuries Compensation - Multiple Stab Wounds - Scarring - Dental Treatment - 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

Solicitors for the Respondent: Solicitor for the Australian

Capital Territory

ORDER

The applicant be awarded compensation in the sum of $20,000.00 plus the sum of $506.00 for the expenses of bringing the application.

DECISION

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

2. On 15 October 1990 one Nicholas Wales was convicted in the Supreme Court on a charge that on 6 October 1989 he did maliciously would the applicant with intent to do grievous bodily harm.

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

4. The applicant had been married to Wales. They had separated in May 1989. On 6 October 1989 she was at home with her daughter and a friend when Wales arrived.

5. He attacked the friend with a knife. He was pushed outside. He broke in again as the applicant was telephoning for assistance.

6. He attacked her with the knife, cutting her wrist. She was terrified, believing that he meant to kill her. She ran away. He caught her again as she tried to open a screen door, and stabbed her hand again twice.

7. She struggled free and ran outside. She saw her friend stabbed again. She ran for help towards a neighbour's house. As she reached it he caught her again and stabbed her on the right side of her neck.

8. The door opened, and the people inside tried to drag her away from him. During the struggle he continued to stab her face. She saw blood spurting from her neck. She thought she was going to die. Eventually she was rescued and the door closed.

9. She was taken by ambulance to Royal Canberra Hospital.

10. The main injury was a laceration through the full thickness of the skin and muscle extending from her lower lip to the chin. A tooth was split, and another loose. There were also lacerations to the right hand and right side of the neck.

11. The wounds were sutured under general anaesthetic. As she recovered she noticed that she was unable to extend the little and ring fingers of the right hand.

12. She was again taken to theatre on 13 October 1989 for exploration of the right hand injury. The nerve to the medial side of the thumb was grazed but intact.

13. She was discharged from hospital on 16 October 1989, to the care of Dr Peter Brown.

14. On 8 November 1990 at John James Hospital under general anaesthesia the depressed scar on her right lower lip and chin was excised and repaired in two layers with a Z plasty above and below the chin creaseline. The scar contracture involving the mucosa of the right lower buccal sulcus was released by Z plasty. The sutures were removed on 13 November 1990.

15. There is now a permanent scar on her right lower lip and chin. There is permanent loss of sensation in the mucosa of the right lower lip. There is some permanent scarring at each injury site of her right hand, though little functional disability.

16. For the damage to her tooth she was treated by Dr Vickers, who on 30 April 1990 surgically removed the lower right permanent canine, as well as performing an alveoplasty and a buccal flap. It was necessary to do curettage of infected tissue.

17. Repair of damaged teeth and insertion of a post and crown is to be performed by Mr Ridley at a cost estimated to be over $3,000.00.

18. Cost of other treatment is $2,432.00.

19. It is obvious that a proper award of compensation would greatly exceed the limit of $20,000.00 imposed by s. 7 of the Act.

20. I award compensation in the sum of $20,000.00.

21. For the costs of bringing the application I award the sum of $506.00.