Re An Application Under the Criminal Injuries Compensation Act 1983 and Wendy Cartledge Cic [1991] ACTSC 42 (11 July 1991)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 and WENDY CARTLEDGE
C.I.C. No. 43 of 1988
Criminal Injuries Compensation

COURT

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

CATCHWORDS

Criminal Injuries Compensation - Applicant victim of armed robbery - Emotionally upset - Nightmares - Post traumatic stress

Criminal Injuries Compensation Act 1983

HEARING

CANBERRA
11:7:1991

Counsel for the Applicant: Mr R. Lawton

Instructing solicitors: Messrs Meyer Boettcher and Clapham

Counsel for the Respondent: Mr K. Holmes

Instructing solicitors: ACT Government Solicitor

ORDER

Compensation be awarded to the applicant in the sum of $8,000.00 together with the sum of $503.00 for expenses.

DECISION

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

2. On 11 February 1988, an information was presented in this Court charging that on 29 May 1987, Robert Andrey Madon ("the offender") robbed the Bank at which the applicant was working, of the sum of $1,190.00. He was acquitted. However, counsel for the Territory did not suggest that I should not be satisfied, on the civil onus of proof, that the injury that she suffered was the result of his criminal conduct.

3. The applicant is 44 years of age. She was born in England and came to Australia in 1954. She had worked in the banking industry since about 1976 and enjoyed the contact with customers involved in working as a teller.

4. On 29 May 1987, she was the teller at the Hobart Place Branch of the Civic Advance Bank. The only other member of staff present was the branch supervisor, Noeline Hutcheson.

5. Shortly before 3.00pm, she was working at the counter balancing the day's takings, when she heard a male voice demanding money. She looked up and saw the offender standing before Noeline Hutcheson. His hand was in his pocket and it appeared to her that he was armed. She saw the supervisor hand over the money and the offender leave.

6. The police and the auditors arrived. Later she went with the supervisor to the police station. She was shocked and shaking. The detective arranged for her to be examined by Dr McGrath, the Commonwealth Medical Officer. His observation, at 5.45pm, was that she was visibly shaken. She had a tremor even at rest. She appeared to him to be suffering from post traumatic anxiety. Later that evening, she spent some time at Weston Police Centre looking through photographs to attempt to identify the robber.

7. Her memory of the next few days is not clear. She went back to work on the following Monday, but felt frightened and shaken and unable to cope.

8. She went to see her general practitioner, Dr Foo, on 3 June 1987. His locum, Dr Cooper, noted her nervousness and anxiety. He counselled her and suggested professional help. She felt that she ought to be able to cope unaided and continued working without it.

9. At home, she was restless and anxious, had difficulty sleeping and experienced nightmares.

10. At work she was constantly agitated and prone to tears for no reason.

11. Eventually she applied for a transfer to head office, to get relief from dealing with the public. The larger office and more numerous staff reassured her.

12. She saw Dr Foo in April 1988, complaining of epigastric pains. He referred her to Dr Scott-Findlay who performed an endoscopy. Dr Scott-Findlay noted that she got herself into a state waiting for the procedure and then when it was over, got herself into quite a state waiting for the result. There was no ulcer but evidence of hypersecretion which Dr Foo thought could have resulted from her stress.

13. She had two days absence from work, on 3 and 4 May 1988.

14. In January 1989, she resigned from the bank which was undergoing management difficulties. She got a job as a part time administration assistant with Capita Financial Group, which did not involve much contact with the public or handling of cash.

15. When she saw Dr Foo on 13 June 1989 it was for a sinus infection and she did not then mention any symptoms of anxiety.

16. In April 1990 she moved to Wagga, where she had lived from 1978 to 1983. Dr Knight, whose patient she had then been, saw her from time to time. She told him of her experiences, which it was obvious to him, had been emotionally upsetting. He assessed her as always having been of somewhat nervous disposition but apart from her fear of working in a bank, he thought she appeared to be her normal self.

17. Partly because she was adamant that she would not work as a teller, it was some months before she found a job. But her decision to take only part time work was, I think, a more important factor.

18. Apart from the two days off in May 1988 I am not satisfied that she suffered any incapacity for work as a result of the robbery. She received Worker's Compensation for that absence and the expenses of Dr Foo and Dr Scott-Findlay and chemist expenses were paid by the Worker's Compensation insurer, and I do not include them in my award.

19. For her pain and suffering, I award $8,000.00. For the expenses of bringing the application, I award $503.00.