Dianne Susan Robertson Cic [1991] ACTSC 68 (30 August 1991)

SUPREME COURT OF THE ACT

DIANNE SUSAN ROBERTSON
C.I.C. No. 61 of 1990
Criminal Injuries

COURT

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

CATCHWORDS

Criminal Injuries - Sexual Intercourse Without Consent - Applicant in Bed in Locked Home - Masked Intruder Armed with Knife - Post Traumatic Stress Disorder - Recovery Uncertain

Criminal Injuries Compensation Act 1983

HEARING

CANBERRA
30:8:1991

ORDER

The applicant be awarded compensation in the sum of $20,360.00.

DECISION

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

2. On 21 May 1990, Damien Anthony Bond was arraigned on an indictment in this court charging him with one offence of remaining in a building as a trespasser with intent to commit an offence involving assault, namely, sexual intercourse without consent, and at the time of so doing having with him an offensive weapon, namely, a knife. He was further charged that on the same day he had sexual intercourse with the applicant without her consent, knowing that she did not consent. To both counts the accused pleaded guilty.

3. The application is within jurisdiction pursuant to Order 61A rule 1.01(k) of the Rules.

4. In July 1988 the applicant was a married woman, living with her husband and two children aged 9 and 6 years in their home at Macarthur in the Australian Capital Territory. She was employed part time as a sales assistant at a shop which sold school wear and fashions at Tuggeranong.

5. On Monday 4th July 1988 her husband had taken the children to spend a week with his mother. The applicant stayed at home as she had to go to work.

6. On Wednesday 6th July after work she retired to bed at about 10.30pm, having securely locked up the house.

7. At about five o'clock on the morning of Thursday 7th July she was woken by her alarm clock. As she went to get out of bed she saw the offender coming from inside the ensuite bathroom. He was wearing a balaclava over his head. He had a knife in his right hand. She was terrified.

8. By threatening her with the knife he forced her to submit to sexual assault. He then forced her to remove her clothing and to submit to sexual intercourse. She was subjected to oral and vaginal intercourse. The incident lasted for a considerable time and at all times she was terrified that he might use the knife on her.

9. The offender then left the house. She immediately informed a neighbour. She then became aware that she had two cuts on her face, one on her nose and the other one between the bridge of her nose and her left eye.

10. For the three years since the assault she has suffered, and she continues to suffer, particularly from fear to be alone in her house, fear to go out at night and recurrent distressing dreams. She is still startled by sudden noises. When her husband is away she has difficulty in sleeping and often wakes up in fright.

11. As a result of the incident she was not able to return to work until the 5th August 1988. She suffered a loss of wages amounting to $1,055.00.

12. A report from a consultant psychologist confirms that her symptoms are consistent with a diagnosis of post-traumatic stress disorder which is still unresolved. The psychologist recommends that she receive treatment, as the duration of the disturbance will be for as long as the experience is suspended. The disturbance can last for many years or even a lifetime. There is no evidence about when it will resolve in this case.

13. The experience of waking in one's own locked home to find a masked intruder armed with a knife would alone be sufficient to cause a long-standing disorder. When there is added to that the effects of an assault of the type that was inflicted upon her, it is clear to me that a proper compensation would exceed the limit imposed by Section 7 of the Act.

14. The expenses of bringing the application are agreed at $360.

15. I award compensation in the sum of $20,360.00.

16. I also make an order prohibiting the publication of any details that might enable the applicant to be identified.