Re An Application Under the Criminal Injuries Compensation Act 1983 and Leta Karla Bush [1994] ACTSC 68 (1 July 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 AND LETA KARLA BUSH
No. CIC37 of 1993
Number of pages - 3

COURT

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

HEARING

CANBERRA, 30 June 1994
1:7:1994

Counsel for the Applicant: Mr G Stilling
Instructing Solicitors: Barrads

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 $50,764.00.

DECISION

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

2. On 18 November 1992 Ian Leslie Bush, the applicant's husband, was convicted in this Court of murder and on another count of attempting to murder the applicant. Mr Justice Gallop sentenced him to imprisonment for life on the count of murder and imprisonment for twelve years on the count of attempted murder.

3. The applicant was attacked with a large knife and stabbed repeatedly to the head, neck, face, left shoulder and left hand. She was taken to Woden Valley Hospital early in the morning of 13 March 1992.

4. Dr Brown, plastic and reconstructive surgeon, noted the following injuries,

"She had multiple lacerations in the following areas:
1. Two in the left cheek pre-auricular skin.
2. Left upper neck laterally.
3. Left lower neck posteriorly.
4. Left post-mastoid skin in the scalp.
5. Right occipital scalp.
6. Two lacerations in the left shoulder.
7. Lacerations to the dorsum of the left hand and fingers of the left
hand.
8. Compound injury involving the proximal interphalangeal joint of the
left ring finger.
There was evidence of a partial left facial nerve paresis involving the
muscles of the left upper lip."

5. She was taken to theatre and an operation was performed under general anaesthesia. Dr Newcombe, neurosurgeon, was operating in a neighbouring theatre, and was called on to deal with a number of brain injuries. He found depressed fractures of the skull in the right occipital and left parietal areas. There had been serious penetrating wounds to the brain.

6. She was on the operating table for over 8 hours. After a day in intensive care she was transferred to a general ward.

7. Her injuries were accurately summarised in her affidavit as follows:

"(a) Linear fracture of the left parietal region about 4 cm long with
5 cm width of depressed fragments. Fragments were driven into the brain
and 3 fragments were embedded into the brain tissues.
(b) Right occipital depressed fracture leading to underlying brain
swelling and contusion.
(c) Brain damage of the right occipital cortex.
(d) Two adjacent deep lacerations in the left cheek pre-auricular skin.
(e) Deep laceration in the skin of the upper lateral aspect of the
left neck.
(f) Laceration in the skin of the left lower neck posteriorly.
(g) Laceration in the scalp of the left mastoid area.
(h) Two parallel deep lacerations in the skin and muscle of the outer
aspect of the left shoulder.
(i) Lacerations to the dorsal aspect of the left hand.
(j) Compound injury to the proximal interphalangeal joint of the left
ring finger.
(k) Injury to the facial nerve in the left auricular area causing
paralysis to the left upper lip.
(l) Left homonymous scotoma in the central and upper parts of the
visual field.
(m) Psychological trauma."

8. She received extensive occupational therapy and speech pathology treatment, and was referred to the psychiatric clinic.

9. She was discharged on 27 March 1992, and follow up was arranged with the Social Work Department, the neurosurgeon, the plastic surgeon, the occupational therapist and the speech therapist.

10. With great courage and hard work she has made a remarkable recovery.

11. Dr Newcombe reported on 13 December 1993 as follows,

"Ms Bush was seen last on 6 September 1993.
Her facial movement is now effectively symmetrical.
She cannot fully extend the left ring finger but there is good hand
function.
There are no fits and she has no headache. She is not taking
medication.
Her visual fields are full except for an area of loss in the left
upper visual field on each side (left upper homonymous scotoma).
In summary, there is permanent field loss, permanent scarring and
a minor deformity of the left ring finger.
I consider that her general condition is stable following her injuries
and that further neurosurgical care is unlikely to be required. She
clearly has been subject to major psychological trauma which is likely
to have a lasting influence. She also has permanent partial loss of
vision. There is brain scarring of the type that could lead to
post-traumatic epilepsy. The risk of this is of the order of 10%
and unlikely to significantly change over time."

12. Dr Brown's summary on 14 January 1993 was as follows:

"PROGRESS
She made a satisfactory recovery from her injuries and all wounds healed
without complication.
The injury to the left hand required immobilisation in a splint for
4 weeks followed by physiotherapy.
She was reviewed at regular intervals the most recent being 3 December
1992.
She has recovered left facial nerve function and movement of the left
upper lip and angle of the mouth has returned.
There is some adhesion of the flexor digitorum profundus tendon of the
left ring finger to the surrounding tendon sheath and there is limited
active movement of the distal interphalangeal joint of that digit.
She complained of some diminished sensation in the palmar aspect of the
tips of the left index and middle fingers but there had been no injury
to the digital nerves of these two digits.
SUMMARY
This patient sustained multiple serious deep lacerations as a result of
the assault. There will be permanent scarring at the site of each
laceration and in my opinion further surgical revision of these scars
is unlikely to be required.
It is likely that she will not recover the full range of active movement
of the left ring finger, but apart from this she is unlikely to be left
with any serious disability."

13. She was unable to return to work until 1 February 1993. She lost earnings of $12,573.00. The expenses of treatment were met by Medicare.

14. It is clear that a full compensation for her injuries would exceed the limit imposed by S.7 of the Act.

15. The expenses of bringing the application were $764.00.

16. I therefore awarded compensation under the Act of $50,764.00.