Christopher Patrick Koelmeyer and Criminal Injuries Compensation Act 1983 Cic No4 of 1991 Criminal Injuries Compensation [1992] ACTSC 29 (30 March 1992)

SUPREME COURT OF THE ACT

CHRISTOPHER PATRICK KOELMEYER AND CRIMINAL INJURIES COMPENSATION ACT 1983
C.I.C. No.4 of 1991
Criminal Injuries Compensation

COURT

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

CATCHWORDS

Criminal Injuries Compensation - Armed Robbery - Minor Permanent Scarring - Psychological Trauma - No Issue of Principle.

Criminal Injuries Compensation Act 1983

HEARING

CANBERRA
30:3:1992

ORDER

Compensation in the sum of $10,282.00 be awarded to the applicant.

DECISION

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

2. On 8 March 1991 Mark Alan Britten was indicted in this Court on one count of armed robbery of the applicant. Britten pleaded guilty and was sentenced to five years' imprisonment with a non-parole period of two years.

3. At the time of the incident the applicant was a nineteen year old student at Canberra University who worked part time at the Mobil Service Station in Hardwick Crescent Kippax on two days a week. He normally worked from 5.30pm to 10.30pm on the Monday and Tuesday of each week.

4. On Monday 20 August 1990 at about 10.10 pm he was in the process of locking up the petrol pumps prior to closing the service station. The offender approached him armed with a knife and caused the applicant to walk backwards to the main office where he forced him to hand over the money in the till and in a drawer.

5. On the applicant's suggestion that the offender should get out, he was told "You're coming with me, you're my way out of here." A car approached, the offender stepped into a back office as though to hide, the applicant got out the front door and ran to a nearby football club. As he ran he did not look back, but he feared that the offender might be behind him. When he reached the club he pushed on a glass door and in his haste put his left hand through the glass panel causing lacerations to his forearm and his hand. Staff at the club called the Police.

6. His mother was called, and she drove him to Royal Canberra Hospital where stitches were inserted in his arm.

7. Naturally, the whole incident terrified him. He suffered panic attacks, sleep disturbance and strong feelings of vulnerability. He sought and was given counselling at the social work department of the Royal Canberra Hospital. The counselling helped him and he decided as best he could to work his way through the results of the incident. He consulted Dr Black, his general practitioner, on 22 August, when the lacerations were beginning to heal. Dr Black removed the sutures on 28 August and gave him a certificate to be away from work until 17 September.

8. He returned to work on 24 September, but understandably did not feel sufficiently recovered to undertake the night shift for some time.

9. By February of 1991 he was working his normal duties, and since then, although he still has painful memories of the incident, he has largely recovered from the psychological trauma.

10. He has full use of his left arm, which has several scars on it, one of which is about two inches in length. The scars have healed well with no underlying abnormality in the muscle, although one on his hand causes sharp pain when it is bumped. The strength and function of his hand and arm are normal.

11. For the period covered by the doctors' certificate he received workers' compensation at his full rate of pay. I take that compensation which was actually received into account in assessing compensation.

12. In my opinion, the incident involving his putting his hand through the glass door of the club was so bound up with the terror that he suffered in the assault and with his attempts to notify the Police that the injury to his arm was caused by the criminal conduct of the offender and he should receive compensation in respect of it and of its consequences.

13. When he returned to work, he earned about $80 a week less than his normal rate of pay for about 20 weeks. I also take into account the fact that it was theoretically possible for him to claim workers' compensation in respect of that partial incapacity, but I also take into account in that regard, the fact that the doctor had only given him a certificate for a limited period, he was not finding it necessary to attend on the doctor for continuing treatment and he did not receive any advice that he should pursue a claim for workers' compensation. I therefore also take into account, when considering this aspect of the matter, the fact that a relatively small amount was involved and it may well have been reasonable for him not to have made a claim in the circumstances.

14. Taking into account that loss of income to some extent, the psychological trauma that he suffered, and the physical injury, his recovery and the minor permanent scars, I assess compensation for all of his injuries at the sum of $10,000.

15. The expenses of bringing the application were agreed at $282.00.

16. I therefore award compensation in the sum of $10,282.00.