the Criminal Injuries Compensation Act 1983 and Anthony William Bryce Cic [1992] ACTSC 84 (28 August 1992)

SUPREME COURT OF THE ACT

THE CRIMINAL INJURIES COMPENSATION ACT 1983 and ANTHONY WILLIAM BRYCE
C.I.C. No. 77 of 1990
Criminal Injuries Compensation

COURT

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

HEARING

CANBERRA
28:8:1992

Counsel for the Plaintiff: T. Chadwick

Instructing Solicitors: Snedden Hall and Gallop

Counsel for Defendant: K. J. Holmes

Instructing Solicitors: Australian Government

Solicitor

ORDER

The Court orders that:

1. Compensation be awarded to the applicant in the sum of $15,067.00.

DECISION

This is an application for compensation under the Criminal Injuries Compensation Act 1983.
On 1 February 1990 Russell Ian Payne and Brian Peter Jones were indicted in this Court, each on a count that they had on 27 September 1989 robbed the applicant of money whilst armed with an offensive weapon, namely, a large rock. Payne was sentenced to imprisonment for 3 years and 10 months with a non parole period of 2 years. Jones was sentenced to imprisonment for 3 years, suspended upon his entering into a recognizance.

2. The applicant is a public servant who had acquired a taxi early in 1989. At about 11.40 pm on Wednesday 27 September 1989 he was driving the taxi on a shift that commenced at 5.00 pm and was due to go through until about midnight. While he was parked at the Bunda Street taxi rank Jones and Payne and another man got into the cab and asked to be driven to Queanbeyan. Near HMAS HARMAN one of them asked that the taxi stop as he was ill. As soon as the applicant stopped the vehicle he was pinned against his seat and was punched to his face and head. He was also hit on the head by a large rock about six inches round which had been hidden in a jumper by one of his assailants.

3. He felt severe pain to his head and face and sustained lacerations. He was taken to the police Commonwealth Medical Officer, Dr Navin, who saw him at about 1.10 am. He noted the following injuries:

1. Tenderness on the bridge of the nose.
2. Abrasions to the back of the hands.
3. Superficial abrasion of the forehead.
4. 2 mm abrasion to the left side of the nose.
5. 2.5 cm diameter abrasion on the left cheek.
6. Local tenderness in the scalp.
7. Tender right pectoralis muscle.

4. The applicant did not seek any further treatment for those injuries, which have healed completely without further incident.

5. I accept that as a result of what must have been a terrifying assault he became very nervous, particularly when driving a taxi cab in the early hours of the morning. He consulted Dr Navin on two further occasions, but has not sought any other treatment for his nervous condition. There is no evidence that he took any particular medication for it.

6. I accept that the applicant has suffered from anxiety in the way that he has described, and that he will probably continue to do so for some time. It would be wrong however to class the injury as a severe one.

7. The applicant also claims that in addition to compensation for his pain and suffering he is entitled to compensation for loss of income. He works normal hours as a public servant and also has been accustomed regularly to drive a number of shifts each week, particularly on Friday nights, when it would be possible for him to catch up on his sleep over the weekend. I accept that there would have been some loss of income for some time but it is impossible to quantify it. I think it is clear from his oral evidence that he has made arrangements for other people to drive at the time when he would not feel confident in doing so, but I am not persuaded by the evidence that he continues to lose any income as a result. I am not able to put a specific figure on any past loss of income and simply take it into account in assessing his compensation as what might be called general damages.

8. For his pain and suffering and such loss of income as may have resulted from the assault I award compensation in the sum of $15,000. The expenses of bringing the application were $67.00. I therefore award total compensation in the sum of $15,067.00.