Re An Application Under the Criminal Injuries Compensation Act 1993 and Nakhla Aoun [1994] ACTSC 27 (24 March 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1993 and NAKHLA AOUN
No. CIC140 OF 1992
Number of pages - 2

COURT

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

HEARING

CANBERRA, 3 March 1994
24:3:1994

Counsel for the Plaintiff: T V Chadwick

Instructing Solicitors: Snedden Hall and Gallop

Counsel for Defendant: P A Walker

Instructing Solicitors: Australian Government Solicitor

ORDER

THE COURT ORDERS THAT:
Compensation be awarded to the applicant in the sum of $9,604.50.

DECISION

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

2. The criminal offence which gives rise to it is the same robbery by Jack Victor Diamond that is detailed in the application by Maged Aoun, number CIC 141 of 1992. This applicant is the brother of the applicant in that case and co-owner of the Shoprite store.

3. He was with his brother at the back of the shop when they heard raised voices. He went with his brother towards the checkout, where he saw the robber armed with a knife and masked by a jumper with holes in it. He did not see Diamond with the gun. His brother said to him, "They've got a gun; ring the police." He went to the rear of the shop and did so. He then came back out to the front and was met by his brother, who told him, "They shoot at me, use the cars, maybe we can find them." He had not heard the shot which had wounded his brother.

4. He got into his car and made a search, but found no-one. Then the police arrived.

5. He suffered sleep disturbance, anxiety and dreams accompanied with fear. He also became apprehensive about being at the shop at night.

6. He also was assessed by Dr Knox in November 1992. Dr Knox found evidence of post traumatic stress disorder of mild to moderate intensity. He expected ongoing anxiety for some months and indeed some permanent psychological damage, but hoped that his symptoms would improve over one or two years. At the hearing his evidence was that his symptoms were continuing.

7. I assess compensation for his pain and suffering at $9,000.

8. The expenses of bringing this application were $604.50.

9. I award compensation to the applicant of $9,604.50.