Re An Application Under the Criminal Injuries Compensation Act 1983 and Danielle Victoria Windolf [1994] ACTSC 44 (19 May 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983
AND DANIELLE VICTORIA WINDOLF
No. CIC59 of 1993
Number of pages - 2

COURT

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

HEARING

CANBERRA, 12 May 1994
19:5:1994

Counsel for the Applicant: T Chadwick

Instructing Solicitors: Snedden Hall and Gallop

Counsel for the Respondent: R Bayliss

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:
Compensation be awarded to the applicant in the sum of $5,000.00.

DECISION

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

2. The applicant is the defacto wife of the applicant in CIC 43 of 1993, and the evidence in that application, by agreement, is treated as evidence in this. The findings I have made in that other application need not be repeated in these reasons.

3. During the afternoon of the attack her husband rang her, while she was at home with their 20 month old son. He was able to tell her only that there had been an attack, and that he would be home late that night. Her mother also rang her and told her about reports she had heard. She became confused and worried. Then she saw some of the scenes on television, showing the violence of the attack. She became more distressed.

4. Some hours went by before he arrived home. He was not injured, but there was blood on his shirt.

5. She was frightened later that evening, when they were in bed, by the headlights of a car shining into the bedroom. It was a patrol car in fact, but they did not know that, and they were worried that her husband might have been followed by persons associated with those who had attacked the Embassy.

6. She was distressed by his emotional breakdown over the days that followed. He did not respond to her. Then he became irritable and short tempered. His personality appeared to her to have changed. She felt sick with worry and fear.

7. Although he appeared to be progressing towards normality after some months, she was further worried by the setbacks he suffered at the times of the Court proceedings.

8. Their physical and emotional relationship was strained almost to breaking point.

9. She did not seek or receive any counselling or medical treatment. There is no expert medical evidence to the effect that the applicant sustained an injury which can be categorised as a post traumatic stress disorder. It is certainly not for me to attempt a diagnosis. But Counsel for the Territory did not submit that her suffering did not amount to an injury within the meaning of the Act, and I am satisfied that she did sustain a relevant injury.

10. For her pain and suffering I award $5,000.00. There were no expenses.

11. I award compensation to the applicant of $5,000.00.