Kerry Anne Meloury Cic [1991] ACTSC 65 (19 August 1991)

SUPREME COURT OF THE ACT

KERRY ANNE MELOURY
C.I.C. No. 46 of 1989
Criminal Injuries

COURT

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

CATCHWORDS

Criminal Injuries - Grievous Bodily Harm - Stabbed Repeatedly - Permanent Cosmetic Disability - Clinical Depression - Residual Symptoms - Statutory Limit Exceeded

HEARING

CANBERRA
19:8:1991

ORDER

The applicant be awarded compensation in the sum of $21,014.50.

DECISION

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

2. By an information presented to this Court on 20 June 1989 George Masson Stephen was charged that on or about 28 September 1988, at Canberra, he maliciously inflicted grievous bodily harm upon the applicant with intent to do grievous bodily harm to her. He was also charged with a similar offence in respect of her sister, Annyse Maree Meloury. He pleaded guilty to both counts, and was sentenced to imprisonment for 7 years on each, the sentences to be served concurrently.

3. The applicant was born on 2 October 1968 and her sister on 6 November 1971. The accused was their step brother. He was not a permanent member of the household, but had visited from time to time. There was no hostility between the siblings.

4. On Thursday 22 September 1988 the two sisters were at home, the rest of the family having gone on holidays. Stephen came to visit, and the two girls spent some time chatting with him. About 10 pm Annyse went to bed, and the applicant spent some more time in conversation with him.

5. About 11 pm Stephen asked the applicant to give him a lift to Wanniassa. As she was preparing to do so, he took hold of her, put his hand across her mouth and placed a knife at her throat.

6. She bit his hand and struggled to escape. There is no need here to detail the horrifying events that followed. She was stabbed repeatedly. She was in fear for her life. Her sister came into the room and she also was stabbed repeatedly. They were detained in the house for a long time, still bleeding from their wounds. Finally he tied her up and left the house. She escaped, and later the girls were taken by ambulance to hospital.

7. The attacks were completely unprovoked. Stephen was under the influence of amphetamines.

8. She was admitted to hospital, and her wounds were treated by suturing under general anaesthetic. She was in hospital for seven days.

9. In a report dated 29 November 1989 Dr Peter Brown listed her scars as follows:
"1. In the skin of the dorsal aspect of the right ring

finger there is a 1cm long linear scar. The
underlying extensor tendon is normal.
2. In the skin of the medial aspect of the right upper arm
there is a 4cm long transversely oriented scar.
3. In the skin of the dorsal aspect of the left hand
there is a 5mm long scar.
4. In the skin of the palm of the left hand there is
a 2.5cm long linear scar.
5. In the skin of the ulnar border of the left wrist
there is a 3cm long scar.
6. In the skin of the left forearm just distal to the
elbow joint there is a 1cm long scar.
7. In the skin of the lateral aspect of the left
shoulder there is a 10cm long transversely
oriented scar which is depressed over the full
length of the scar and measures up to 6mms in breadth.
8. In the skin of the anterior, posterior and
axillary aspect of the left shoulder there are
small punctate scars.
9. In the skin of the left cheek there is a 2cm long
linear scar in the skin overlying the malar prominence.
10. In the skin of the lower lip there is a 1cm long scar.
11. In the skin of the right side of the neck there
are three small scars.
12. In the skin of the upper back there is a 1cm scar
on each of the back overlying the scapula.
13. In the skin of the nape of the neck there is a 1cm
long scar.

10. On 12 June 1990 at John James Hospital under local anaesthetic, Dr Brown excised the depressed scar involving the left shoulder and repaired the wound in layers. When he reviewed her in February 1991 the scar was flat and level with the surrounding skin, but the residual scar would cause permanent cosmetic disability. All the other scars are permanent, and no treatment is recommended.

11. She was emotionally devastated by the experience and suffered clinical depression, as part of a post traumatic stress disorder. Her psychologist reports that with the passage of time and regular therapy she is now coping better, but she still experiences some residual symptoms, and continuing therapy is called for.

12. She was absent from work for over a month, but compassionate treatment by the firm of solicitors who employed her had the result that she did not suffer any loss of wages.

13. No more detail needs to be set out to demonstrate that a full compensation would exceed the limit fixed by Section 7 of the Act.

14. The expenses of bringing the application are $1,014.50.

15. I award compensation to the applicant in the sum of $21,014.50.