Annyse Meloury Cic [1991] ACTSC 64 (19 August 1991)

SUPREME COURT OF THE ACT

ANNYSE MELOURY
C.I.C. No. 54 of 1989
Criminal Injuries

COURT

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

CATCHWORDS

Criminal Injuries - Grievous Bodily Harm - Stabbing - Extensive Permanent Scarring - Punctured Lung - Spinal Cord Damaged - Post Traumatic Anxiety - Statutory Limit Exceeded

HEARING

CANBERRA
19:8:1991

ORDER

The applicant be awarded compensation in the sum of $20,875.60.

DECISION

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

2. The circumstances of the attack upon the applicant by George Masson Stephen, and the details of the information laid against him in this Court which founds jurisdiction to make this award, are set out in my reasons for decision in matter No. CIC 46 of 1989, relating to the applicant's sister, Kerry Anne Meloury.

3. When the applicant was wakened by her sister's screams she went to the loungeroom. Stephen then attacked her, kneeing her in the stomach and stabbing and slashing at her with the knife. She tried to defend herself and her sister with a cricket bat, after which he stabbed her in the stomach, pushed her onto the floor, and continued to stab at her repeatedly. She saw the blood coming from her stomach, and expected to die. She lost consciousness for a time. Her breathing was affected as her lung had been punctured.

4. She was admitted to hospital with lacerations to the right elbow, left elbow, back of the neck, right side of the chest, middle of the back between her shoulder blades, abdomen and left hip. Apart from sutures for the lacerations she needed a laparotomy and thoracotomy. She was in hospital for two weeks.

5. As a result, she is left with multiple scars, and two extensive surgical scars. The scars are permanent and cause a significant cosmetic disability.

6. One of her stab wounds penetrated to the spinal cord, causing disordered sensation down her left side. Dr Newcombe commented that she narrowly escaped becoming a paraplegic. Her internal chest and stomach wounds healed satisfactorily.

7. She suffered from post traumatic anxiety, for which she underwent treatment by Dr Lucine, consultant psychiatrist.

8. It is again obvious that a full compensation would greatly exceed the statutory limit. I award $20,000 compensation for her injury.

9. The costs of bringing the application are $875.60.

10. I award a total compensation of $20,875.60.