Re An Application Under the Criminal Injuries Compensation Act 1983 v Lfc [1994] ACTSC 23 (4 March 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 v. LFC
No. CIC166 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: K Cush

Instructing Solicitors: Macphillamy Cummins and Gibson

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 $25,612.

DECISION

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

2. On 18 February 1992 a person was committed for trial in this Court on charges of engaging in sexual intercourse with the applicant without her consent, assaulting her with intent to engage in sexual intercourse with her, and assaulting her occasioning actual bodily harm.

3. On 18 August 1993 the Director of Public Prosecutions declined to proceed further in the prosecution of the alleged offender on those charges.

4. I therefore prohibit the publication of any particulars likely to lead to the identification of the applicant or of the alleged offender.

5. The applicant is married, separated from her husband, and caring for a 13 year old daughter.

6. On 10 October 1992 she went alone to a wedding, and after the reception went with two women whom she met there to a bar in Civic, where she spent the evening. They then went to the Private Bin at about 1 am. While she was dancing her wallet was stolen. She went to the Police Station at the bus interchange, but there were no officers present. She decided to wait.

7. While she was waiting a man approached her. He offered to help her get home by sharing a cab. The cab took them to the Macquarie Hostel, where he insisted that he would get his car and drive her home. She was tired and agreed.

8. He invited her to his room to get his keys. Shortly after arriving in the room he said he was too drunk to drive and proposed to have sexual intercourse with her. She refused and said she wanted to go home.

9. He grabbed her head with two hands and pushed her back onto the bed. He undid her clothing and forced her to engage in sexual intercourse.

10. He left the room and she was able to get dressed and leave. As she was walking away from the building she heard a vehicle coming and waved it down for assistance. It stopped and she opened the door and got in, without seeing the driver. It was the alleged offender. The car started to move. She opened the door and jumped out. She started running and he chased her. He caught her from behind, slapped her across the face and pushed her back into the vehicle. Then he pushed her onto the front seat and forced sexual intercourse upon her again.

11. When he had finished he pushed her across to the passenger side and drove off, fast. She was frightened. She gave him directions to her home, where he delivered her.

12. She then rang the Rape Crisis Centre and the police. She was taken to the Sexual Assault Unit, where she was examined by the Medical Officer. There were multiple bruises and abrasions on her right shoulder, both arms, left thumb, abdomen and both legs. She was worried about AIDS and had an assessment done at the Sexually Transmitted Diseases Clinic.

13. She took time off from work and for a week was unable to sleep or relax. She became depressed and relived the assault when she saw reports of similar incidents.

14. In February 1993 she gave evidence and was cross-examined at the committal proceedings against the alleged offender. He was committed for trial.

15. The trial was scheduled to take place on 23 August 1993. The week before the trial she spoke to staff of the Director of Public Prosecutions and was told that the alleged offender was represented by Queens Counsel, that he did not have to give evidence and that it was possible that he could be acquitted. She worried whether she could stand the stress of the trial. She told the prosecutor that she did not want the trial to proceed, in the light of which he decided to stop the trial.

16. On 22 September 1993 she consulted Dr Saboisky, consultant psychiatrist, at the suggestion of her solicitor. Her sleep disturbance, insomnia and flashbacks had begun to abate, after she had consulted a general practitioner. She was moody and fearful at night.

17. She had formed a de facto relationship, which was satisfactory, though affected by the incident.

18. Dr Saboisky did not think that she was either clinically anxious or depressed. However, she had developed symptoms consistent with a post traumatic stress disorder. With time the symptoms had declined, but she still had them periodically. He thought they would continue for some time and could easily be reactivated by trauma.

19. For her pain and suffering I award $25,000. The expenses of bringing the action were $612. Her treatment expenses were met by Medicare.

20. I award compensation to the applicant of $25,612.