Re An Application Under the Criminal Injuries Compensation Act 1983 and Joyce Brannigan [1994] ACTSC 65 (30 June 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 AND JOYCE BRANNIGAN
No. CIC32 of 1993
Number of pages - 1

COURT

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

HEARING

CANBERRA, 23 June 1994
30:6:1994

Counsel for the Applicant: Mr R Livingston
Instructing Solicitors: Stacy and Nyman

Counsel for the Respondent: Mr K Holmes

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:

Compensation be awarded to the applicant in the sum of $10,675.00.

DECISION

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

2. On 20 July 1992 John Martin Cumberland was charged in this Court with a number of offences, including one of stealing property from the applicant with violence. He was convicted and sentenced to imprisonment for three years.

3. At about 10.30 am on 3 March 1992 the applicant was walking in a suburban street near her home. Cumberland rode a pushbike on the footpath from behind her, and as he passed he took her bag, which she had slung over her shoulder. She was pulled off balance, fell to the ground and was dragged about two metres before the strap broke.

4. She received grazes to the right knee and hand, and bruising and severe swelling about the right eye. The assailant rode off with her bag.

5. She reported the incident to the police.

6. On 9 March 1992 she consulted Dr MacIver, her general practitioner. On examination he noted a bruise to her face measuring one inch by half an inch below her right eye. She also had a bruised right eyelid and a one inch by two inch abrasion above her right eye. There was a bruise five inches by two inches over her left upper arm. She was still very shaken by the attack.

7. Before the incident she was already suffering from a severe depressive illness, which was controlled by medication. Her psychiatrist, Dr Rosenman reported that the theft did not appear to have produced a serious exacerbation of the underlying affective illness. It has, however, adversely affected her confidence when in public places.

8. She feels that the medication she takes for sleeping no longer has a satisfactory effect.

9. Her solicitors referred her to Dr Veness, psychiatrist, for a report. He saw her on 1 December 1993. He noted the emotional effect that resulted from her fear of walking, which had given her great pleasure. Her sleep had been disturbed by nightmares. There had been compulsive remembering of the events.

10. In the opinion of Dr Veness, she showed symptoms of a post traumatic stress disorder. The residual feelings of hyperalertness and increased anxiety in public places are likely to persist indefinitely.

11. For her pain and suffering I would award $10,000.00. The expenses of bringing the application were $675.00.

12. I award compensation to the applicant in the sum of $10,675.00.