R No. Cic 98 of 1991 [1994] ACTSC 127 (7 December 1994)

  
  
  COURT
IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
MASTER A. HOGAN

HRNG
CANBERRA, 17 November 1994
#DATE 7:12:1994

  Counsel for the Applicant:        Mr C Todd

  Instructing Solicitors:           Higgins Solicitors

  Counsel for the Respondent:
      Mr K Holmes

  Instructing Solicitors:           ACT Government Solicitor

ORDER
  1. Publication of any particulars likely
to lead to the identification of
the applicant or of the person whose actions caused the injury that he
suffered, is prohibited.
  2. Compensation be awarded to the applicant in the sum of $40,665.00.

JUDGE1
MASTER A. HOGAN   This is an application for compensation
under the Criminal
Injuries Compensation Act 1983.

2.  On 17 November 1994 I made an order prohibiting the publication of any
particulars
likely to lead to the identification of the applicant or of the
person whose actions caused the injury that he suffered.

3.  The
applicant is the husband of the applicant in CIC 99 of 1991. The
circumstances of the attack upon his daughter, and the facts founding
my
jurisdiction, are set out in my reasons for the award that I made in that
application.

4.  The applicant is aged 54.  He suffered
a work injury to his hand when
working as a bus driver in 1981, and at the time of the attack upon his
daughter was employed in the
ACT Library Services.  He was made redundant in
1991, and receives worker's compensation in respect of his work injury.

5.  At the
time of the attack he was in Tathra, on the South Coast, where the
family often spent holidays.  He had to return to Canberra that
evening.

6.  He received a message that his wife would meet him at Nimmitabel on the
way home.  They met there and she told him
what had happened. He went into a
state of shock, and a friend drove him home, while his wife went on to Tathra
with the children.

7.  He took leave from work for a week.  There followed the acute stage of the
attack of herpes that his daughter suffered.  She
would not want to let her
father near her, either to comfort her or to treat the affected skin.

8.  His wife worked in the evenings.
 He had to rearrange his work hours so
that one or other of them could be with the child at all times.

9.  He also had some counselling
at the Woden Health Centre, but did not
benefit greatly from it.  His general practitioner, Dr Gibson, recorded many
consultations
for anxiety and depression, with manifestations of gastro
intestinal symptoms, neck and back pain, hypertension and sleep disturbance.
He prescribed various types of anti depressants, as well as treating the other
symptoms.

10.  Mr Jeff Parsons also assessed him
in August 1994.  He recorded complaints
of the following symptoms,
    "- obsessive thoughts of the assault and its sequelae;
  
 - panic attacks when separated from (his daughter);
    - hypervigilant behaviours directed towards (his daughter), e.g. a
    
 car, petrol and money always have to be available to (R) in case
      he has to go to (his daughter's) aid;
    - generalised hypervigilance;
 "I watch everything.  I try to look
      after everyone in the shopping centre";
    - psychological distress at generalised symbols
of the attack
      leading to avoidance behaviours, such as, turning off the
      television to avoid the possibility of hearing
news of violence,
      cutting out and removing reports of violence from the newspaper;
    - avoidance of sexual relations with
his wife;
    - difficulties in maintaining an erection;
    - loss of energy;
    - significant weight loss;
    - sleep avoidance
and disturbed sleep;
    - problems with mood, crying everyday, irritability and angry
      outbursts;
    - occasional thoughts
of suicide in the months subsequent to the
      assault;
    - diminished interest in formerly pleasurable activities, such as

     music, social life outside the family, running children's discos;
    - general sense of foreboding about the future;
    -
avoids talking to others about any of his three children;
    - increased physical activity to avoid feelings of anxiety, e.g.,

     painting the house, digging the garden,  "I just did jobs";
    - exaggerated startle response,  "I just about have a heart
attack";
    - physiological reactivity upon sighting someone who looks like the
      perpetrator; shaking, feeling weak, perspiring,
heart pounding;
    - four periods of hospitalisation with chest pain and asthma,
      occurring either just after or just before
court appearances."

11.  Mr Parsons commented,
    "It is clear from the information elicited from both
    Clinical Interview and
Psychometric Assessment, that (R) has had to
    deal with severe feelings of Anxiety and Depression as a direct
    result of the
assault on his daughter.  (His daughter's) subsequent
    problems with genital herpes and the incident of the perpetrator
    returning
repeatedly to pursue her at a public disco, compounded the
    original trauma of hearing of the assault.  The belief was
    established
for (R) that his daughter could not be safe and needed
    his constant protection.  Failure to have the perpetrator convicted
 
  has exacerbated (R's) belief with subsequent negative effects on his
    mood.
    (R) has experienced acute feelings of guilt
at not being
    there to protect his daughter.  Put simply, he has not been able to
    relax ever since as he wants to ensure that
he is ready all the time
    to protect her.  His specific anxieties in relation to his
    daughter's safety have generalised to
feeling anxious nearly all the
    time.  Unsatisfactory contact with mental health professionals in
    the past have led (R) to
avoid further treatment."

12.  He diagnosed a chronic case of severe post traumatic stress disorder and
comorbid depression.  He
assessed the symptoms as being mainly in the severe
range, and as having worsened over time.  He recommended specific
psychological
treatment, which the applicant proposes to undergo.  Without it
the prognosis would be poor.  With it he could be expected to improve.
Nevertheless it is obvious that he also will suffer to at least a moderate
extent for the rest of his life.

13.  The cost of treatment
will be approximately $5,000.  The costs of
bringing the application are $665.

14.  For his pain and suffering I award $35,000.

15.  On this application I award compensation of $40,665.