Re An Application Under the Criminal Injuries Compensation Act 1983 v Peter Jeffrey May [1994] ACTSC 22 (4 March 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 v. PETER JEFFREY MAY
No. CIC125 of 1993
Number of pages - 2

COURT

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

HEARING

CANBERRA, 17 February 1994
4:3:1994

Counsel for the Plaintiff: J Jeffrey

Instructing Solicitors: Lawler and Co.

Counsel for Defendant: K J Holmes

Instructing Solicitors: Australian Government Solicitor

ORDER

THE COURT ORDERS THAT:
Compensation be awarded to the applicant in the sum of $37,082.76.

DECISION

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

2. On 1 February 1993 Michael John Lill was charged in this Court with attempting to rob the applicant whilst armed with a knife.

3. He was found guilty by a jury and on 12 February 1993 was sentenced by Mr Justice Gallop to four years imprisonment. At the same time he was sentenced to an additional three years imprisonment for a number of unrelated matters.

4. On Wednesday 22 July 1992 the applicant went to bed late, after work. His flat was locked. In the early hours of the Thursday morning he was awakened by Lill, who was holding a knife at his throat. Lill told the applicant to open his safe. He was allowed to get out of bed and attempted then to take the knife from Lill. A struggle ensued. The applicant was able to close the door while Lill was on the other side. He tried to push it open, but then left. The applicant rang the police. They called an ambulance, which took him to Woden Valley Hospital.

5. There he was examined and found to have severe lacerations to the left little finger, involving the nerves and tendons. There was complete division of the flexor tendon over the proximal phalanx, partial division of the extensor tendon and complete division of the digital nerve on the radial side. He also had a superficial laceration on the left side of his neck, with no damage to the underlying structures, and a superficial wound on his chest.

6. He was admitted under the care of Dr C James, plastic surgeon, who repaired the tendons and nerve under general anaesthetic.

7. His post-operative course was satisfactory. He left hospital on 25 July 1992. The sutures were removed on 5 August 1992 and he was referred for rehabilitation.

8. When Dr James last saw him on 9 October 1992 he had not been able to comply with his rehabilitation regime. He had a stiff proximal and distal interphalangeal joint, with a range of movement of about 20 degrees. The condition is permanent.

9. Lill was reported to be HIV positive, at which news the applicant became most concerned. He underwent testing on two occasions, with the results being negative both times, but he was very anxious while awaiting the results, and despite his doctor's assurances, he is still not certain that he is not at risk.

10. The applicant is a technical officer employed by CSIRO, who also has worked part time as a security officer.

11. His solicitor referred him to Ms A Crichton, clinical psychologist, for assessment. She administered a number of psychological tests and conducted a detailed enquiry into his background.

12. He had moved his place of residence and had for a time been unable to resume the security work because of panic attacks when patrolling alone at night. He demonstrated signs of stress. The psychologist reported that the clinical picture was consistent with that of a person suffering from delayed onset of post traumatic stress disorder. She strongly recommended immediate counselling therapy. He has not been able to afford it, at $130 an hour.

13. He has also become concerned about the state of his little finger. A thermogram demonstrated a restricted blood supply. Functionally he finds it useless and even dangerous in his occupation as an electrical tradesman. His general practitioner referred him to Dr James for an opinion about possible amputation. His present feeling is that he will have the finger amputated. I do not think that the matter is sufficiently certain to enable me to include the cost of a future operation in this award. But the likelihood is certainly a matter to be taken into account in assessing general compensation.

14. For his pain and suffering and loss of amenity I award $30,000. The section 5(4) expenses total $2,482. The cost of treatment was $1,210.75.

15. The loss of income totals $3,390.01.

16. I award compensation to the applicant of $37,082.76.