In the Matter Of: An Application Under the Criminal Injuries Compensation Act 1983 And: John Arthur Foulkes Cic [1991] ACTSC 44 (11 July 1991)

SUPREME COURT OF THE ACT

IN THE MATTER OF: AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983
And: JOHN ARTHUR FOULKES
C.I.C. No. 109 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 vicious assault - Multiple kicks to the head - Large loss of blood - Multiple soft tissue injuries - Displaced jaw - Multiple middle third facial fractures - Wiring of jaw necessary - Continuing numbness and irritations around facial jaw

Criminal Injuries Compensation Act 1983, s.7, s.15

HEARING

CANBERRA
11:7:1991

Counsel for the Applicant: Mr B. Meagher

Instructing solicitors: Messrs Scott Campbell Sheils

Counsel for the Respondent: Mr K. Holmes

Instructing solicitors: ACT Government Solicitor

ORDER

1. Compensation be awareded to the applicant in the sum of $20,000.00 together with the sum of $341.00 for expenses.

DECISION

This is an application for compensation under the Criminal Injuries Compensation Act 1983. On 20 June 1991 I awarded $20,000.00 compensation to the applicant, together with an award of $341.00 for the costs of bringing the application. These are my reasons.

2. On 20 March 1990 an information was presented in this Court charging that on 17 January 1988, Thomas Edward Watmough ("the offender"), inflicted grievous bodily harm upon the applicant. On 23 March 1990, the offender was sentenced to three and a half years imprisonment, with a non parole period of one and a half years.

3. At about 10.30pm on 18 January 1989 at the Rose Cottage Inn at Gilmore the offender, who was well affected by liquor, formed the drunken view that the applicant, another customer at the tavern, was molesting a 13 year old girl and, after making some insulting remarks, he either pushed or tripped the applicant, who fell hitting his head on a post and lay on the brick floor.

4. The offender then brought the heel of his boot down on the applicant's face and did so repeatedly until someone dragged him away.

5. The applicant did not lose consciousness. He was taken by ambulance to Woden Valley Hospital and admitted. He had lost a lot of blood and the hospital notes record that he vomited blood on three occasions. He had multiple traumata to the head, multiple soft tissue injuries and an irregular laceration of the lower lip. He came under the care of Dr Gaudry, Maxillo-Facial Surgeon, who saw him in the hospital on 18 January 1988. Clinically and radiographically there were multiple fractures to the bones of the middle third of the face. He had gross facial swelling and periorbital bruising.

6. On 19 January Dr Gaudry operated. He had to move the jaw bones in order to enable the anaesthetist to intubate the patient in order to administer the general anaesthetic. He reduced the fractures and stabilised them by wiring. The patient spent some time in the intensive care and was discharged from hospital on 28 January 1988. Dr Gaudry removed the wires under general anaesthetic on 23 February 1988. The applicant made a relatively good recovery but has feelings of numbness and irritation around the jaw and mouth area which could well be permanent. His lower lip is scarred. His bite is faulty.

7. He was off work from 18 January 1988 to 4 March 1988, during which time he received pay on sick leave.

8. To me, it is obvious that a reasonable compensation for his pain and suffering exceeds the limit imposed by s.7 of the Act. There was no suggestion that he brought the assault upon himself in any way or that any other matters arose for consideration under s.15. The costs of bringing the application were not contested.

9. For these reasons I have awarded $20,000.00 compensation and $341.00 for the costs of bringing the application.