Re An Application Under the Criminal Injuries Compensation Act 1983 and Paul Anthony Goodwin [1994] ACTSC 61 (22 June 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 AND PAUL ANTHONY GOODWIN
No. CIC6 of 1992
Number of pages - 1

COURT

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

HEARING

CANBERRA, 9 June 1994
22:6:1994

Counsel for the Applicant: Mr Z Gabriel
Instructing Solicitors: Snedden Hall and Gallop

Counsel for the Respondent: Mr K Holmes

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:

An interim award of compensation be awarded to the applicant in the
sum of $10,000.00.

DECISION

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

2. Details of the offence and prosecution giving jurisdiction to this Court are set out in application CIC 45 of 1991, the application of Gavin Richard Whittle, and need not be repeated here.

3. The applicant received a laceration to the finger and to the backs of the knees from the bayonet wielded by his assailant.

4. He suffered nightmares and acute anxiety, and was afraid to go out at night.

5. At the hearing of the application it was stated that agreement had been reached between Counsel for the applicant and Counsel for the Territory that an appropriate sum to be awarded for pain and suffering was $15,000.00.

6. It appears from the application, which was dated 17 February 1992, that the applicant has consulted Dr Veness, consultant psychiatrist. No doubt because of the agreement reached there was no report tendered from Dr Veness.

7. However, for the reasons set out in my decision in the application of Lindy Marie Thompson (CIC 31/89), I think it is necessary for the Court to make its own assessment of the proper amount to be awarded.

8. I am unable to do that in the absence of evidence from Dr Veness of the extent of the applicant's injury, and whether recovery has already taken place or can be expected.

9. In the circumstances I make an interim award of $10,000.00. The final award may be made when the medical evidence is complete. The Section 5(4) expenses may be finally determined at the same time.