Criminal Injuries Compensation Act 1983 and Gloria Marion Wright [1993] ACTSC 60 (25 June 1993)

SUPREME COURT OF THE ACT

CRIMINAL INJURIES COMPENSATION ACT 1983 and GLORIA MARION WRIGHT
No. CIC139 of 1992
Number of pages - 3

COURT

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

CATCHWORDS

HEARING

CANBERRA, 29 April 1993
25:6:1993

Counsel for the Plaintiff: K. C. Fleming

Instructing Solicitors: Crossin Barker Gosling

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 $12,544.

DECISION

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

2. On 24 November 1992 Michael Baker was indicted on a charge of armed robbery committed at ANZ Bank Dickson Branch, where the applicant worked as a part time teller. On 9 September 1993 Travis Kirshner was indicted on the same charge. Both pleaded guilty. Baker was sentenced to 7 years imprisonment, with a non parole period of 4 years. Kirshner was sentenced to imprisonment for 3 years, to be released on a bond after serving 9 months.

3. The applicant is a married woman with 2 children, who was working part time as a customer service officer behind the tellers.

4. At about 3.10 pm on 1 June 1992, as she finished serving one customer, she heard loud and abusive language being used. She thought that some customers were arguing, and moved towards the staff room, when a fellow officer told her to stop. She turned to see one of the robbers holding a gun, which was pointed directly at her. She stood still while the robbery continued. She has little recollection of subsequent events until after the robbers had left and she telephoned her husband.

5. She was very frightened by the experience. She experienced sleep disturbance, anxiety, distressing recollections of the event and hypervigilance.

6. Louise Morrow, a consultant psychiatrist, was asked by the Bank to provide counselling for its officers. The applicant received some assistance from her, at first on the telephone and then at home. Her report is in evidence, and she expressed the opinion that the applicant was suffering from symptoms of traumatic stress to a moderate degree.

7. She consulted Dr Brown, her general practitioner, who made the same diagnosis. He referred her for treatment to Mr Petroni, clinical psychologist, who administered standard cognitive behaviour modification therapy with hypnosis and visualization. She was given certificates for a number of short periods off work, totalling about ten days.

8. Louise Morrow arranged with management that she be transferred to another branch, as she was experiencing difficulties in continuing to work at Dickson. She was relieved by the change.

9. She had three sessions of treatment by Mr Petroni. By 6 July she was sleeping better and coping with work. By December 1992 Louise Morrow found that her reaction was settling, though she still occasionally reacted with mild anxiety to perceived threats.

10. She continues to be hesitant and nervous when alone, and is not prepared to go out at night to the movies for example.

11. Shortly after the incident she had been interviewed for a position with the Public Service. It is obvious from the comments of the interviewing panel that her performance at interview was adversely affected by her experience, but of course there is no evidence that she would otherwise have got the position. She has since changed her employment to a different financial institution.

12. I assess compensation at $12,000. The expenses of bring the application total $544.00. I award compensation in the sum of $12,544.