Re An Application Under the Criminal Injuries Compensation Act 1983 v Maged Aoun [1994] ACTSC 29 (24 March 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 v. MAGED AOUN
No. CIC141 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: Mr 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 $16,604.50.

DECISION

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

2. On 5 August 1992 Jack Victor Diamond was committed for sentence in this Court on a number of serious charges, including armed robbery and discharging a firearm at the applicant with intent to avoid apprehension. On 29 September 1992 Mr Justice Gallop sentenced him to six years imprisonment for the armed robbery involving the applicant, with three years concurrent on the charge of discharging the weapon. He was sentenced to other cumulative and concurrent terms of imprisonment in connection with other crimes.

3. The applicant and his brother are the proprietors of what was, on 23 April 1992, the Hughes Shoprite at the Hughes Shopping Centre.

4. At about 7.55pm on that day the applicant was at the rear of the shop talking to his brother. Two staff members were looking after the shop. He heard raised voices coming from the front and went towards the checkout. He saw a man with a knife. He had a jumper over his face, with holes cut in it for his eyes and mouth.

5. The applicant picked up a bottle and raised it over his head. The man with the knife said "Hey, he's got a gun." The applicant then saw Diamond at another checkout taking money from a till. He had a shot-gun in his right hand. He picked up a bag, turned and ran out the front door, followed by the man with the knife. The applicant gave chase, still armed with the bottle of Lambrusco. The man with the knife called out, "Shoot the bastard, he's chasing us." Diamond turned and pointed the gun at him. He jumped to get behind a tree as the gun fired. He felt something hit him in the lower back. The two robbers kept running.

6. The applicant felt some pain in his back and when he felt the area with his hand he discovered blood. He returned to the shop and, with his brother, searched the area until the police arrived, within a matter of minutes.

7. He was taken to be examined by Dr Navin, the police medical officer, who found an abrasion or laceration about ten centimetres long traversing his mid-back at the posterior superior iliac spinal level. The wound was consistent with his having been hit by a shotgun pellet.

8. He did not seek treatment for the wound, which healed normally. He did however feel afraid and nervous, and as the reaction set in he was unable to eat or sleep.

9. Thereafter he had frequent intrusive recollections of the events of the holdup, accompanied by feelings of fear and tiredness. He became anxious while looking after the shop at night and he and his brother arranged that an employee always stayed with them. He experienced some nightmares.

10. In November 1992 solicitors referred him to Dr Knox, psychiatrist, for examination and report. In Dr Knox's opinion he met the diagnostic criteria of a post traumatic stress disorder of mild or modest intensity. He expected the illness to subside, probably within the following one to two years. The effects of the assault had not been more severe because of his inherent strength of character.

11. At the hearing the applicant gave evidence that he still suffers from recollections of the incident, with feelings of fear and tiredness, and nervousness at the shop at night.

12. Although the stress disorder was only mild to moderate, and Dr Knox's prognosis appears to be borne out by some improvement in that condition, I think he will continue to suffer the effects for some time. But the actual incident, during the course of which he narrowly avoided serious injury at the least, was quite terrifying.

13. For his pain and suffering I award compensation of $16,000.

14. The expenses of bringing the application were $604.50.

15. I award compensation to the applicant of $16,604.50.