R [1994] ACTSC 129 (7 December 1994)

SUPREME COURT OF THE ACT

R
No. CIC 98 of 1991
Number of pages - 3

COURT

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

HEARING

CANBERRA, 17 November 1994
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.

DECISION

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.