Application Under the Criminal Injuries Compensation Act 1983 and Jock Andrew Collins [1992] ACTSC 58 (19 June 1992)

SUPREME COURT OF THE ACT

APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT 1983 and JOCK ANDREW
COLLINS
No CIC 1 of 1992

COURT

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

HEARING

CANBERRA
19:6:1992

Counsel for the Plaintiff: N. Headland

Instructing Solcitors: Wood Fussell

Counsel for Defendant: K. J. Holmes

Instructing Solicitors: Australian Government Solicitor

ORDER

Compensation be awarded to the applicant in the sum of $32,125.03.

DECISION

This is an application for compensation under the Criminal Injuries Compensation Act 1983 in respect of injuries suffered by the applicant as a result of an assault on Friday 8 March 1991.

2. On 24 June 1991 one Eneliko Afamasaga was committed for trial to this Court on a charge of inflicting grevious bodily harm upon the applicant. Those criminal proceedings have not yet been disposed of.

3. On 8 March 1991 the applicant, together with friends, went to the Chisholm Tavern where they had some drinks and played pool. A group of people of Maori extraction were also at the tavern. After some time one of the Maoris took exception to the use by some Australians, including the applicant, of words from a Maori war song. A scuffle broke out. It was not started by the applicant.

4. He tried to restrain some of the participants. A confused struggle broke out in the course of which the applicant was hit on the back of the head, thrown against tables and against the wall, kicked and knocked down. During the struggle he came in contact with broken glass. After the fight was over he was sitting in a chair and could feel the blood running down his back.

5. He was taken by ambulance to Royal Canberra Hospital where he was admitted into intensive care.

6. A hospital report discloses that on examination there was a large 8 cm crescent shaped laceration over the posterior left chest at approximately the 7th to the 9th rib level. Crepitations were audible and there was decreased air entry to the left base of the lung. There was a 1.5 cm laceration of the right forehead and a 3 cm laceration over the occiput with a small haematoma. A 3 cm laceration was present over the left wrist with nerves intact and hand function normal.

7. X-ray of the chest revealed a small left sided pneumothorax extending down to the lung base. A chest drain was inserted and he was given intravenous antibiotics and analgesia. The lacerations were cleaned and sutured. He was transfered to the Intensive Care Unit for observation and intensive chest physiotherapy. He was discharged after about one week in hospital.

8. The surgeon in charge of his case, Dr David Nott, summarised the injuries as follows:
"In summary, Mr Collins suffered mulitiple injuries, the

most serious of which was a penetrating injury to the left
chest. This injury produced severe haemorrhage and damage
to the underlying lung. The injury is a serious one but on
this occasion the haemorrhage and the treatment required
was not major. There should be no long term disability."

9. Photographs in evidence disclose the extensive bruising that he received, particularly on the left side of his body above the hip, and a large swelling at the site of the penetrating wound on his back.

10. Dr Williams certifies that fifteen months later he still suffered some pain at the site of the laceration which required him to take some analgesic each day.

11. At the time of the incident he was employed as a truck driver by a firm which later went into receivership. He then did some work as a storeman but found that heavy physical work made him very sore.

12. He now works as a butcher. I am not satisfied that had the incident not taken place he would now be earning more than he is earning. Exhibit "D" sets out a calculation of his loss of wages which is not contested by counsel for the Territory. That sum amounts to $11,964.03.

13. The scars of course will be permanent. He stills suffers some pain and discomfort, but feels that he is getting better and expects to be fully recovered in about a years time. In my opinion a proper award for his pain and suffering is the sum of $20,000.

14. He incurred the sum of $161.00 expense for x-rays over and above the amount paid by Medicare.

15. No claim is made for the costs of bringing the application.

16. I am satisfied that no conduct of his contributed to his injuries.

17. I award compensation in the sum of $32,125.03.