Re An Application Under the Criminal Injuries Compensation Act 1983 and Tracy Nicole Axelby [1994] ACTSC 82 (18 August 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983
AND TRACY NICOLE AXELBY
No. CIC200 of 1993
Number of pages - 2

COURT

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

HEARING

CANBERRA, 11 August 1994
18:8:1994

Counsel for the Applicant: Mr I. Bradfield

Instructing Solicitors: Porter Pilkinton and Bradfield

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 $17,000.00.

DECISION

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

2. On 16 July 1993 Robert Peter Pagler was indicted in this Court on five counts of committing an act of indecency upon another person, one of which related to an assault on the applicant on 26 November 1991.

3. He pleaded guilty, and was sentenced by the Chief Justice to concurrent sentences of imprisonment for nine and eighteen months, which were all suspended on his entering into a recognisance to be of good behaviour for 2 years and to accept treatment.

4. The following description of the incident was given to the Court on the occasion of his sentencing,
"Incident Four - Fourth Count

20. On the afternoon of Tuesday the 26th of November 1991, Tracey
Nicole Axelby, who was then a 16 year old student at Ginninderra College
was in Civic shopping with her friend Taminga Marges.
21. At about 4:45pm both were walking into Bailey's Arcade from the
Petrie Plaza entrance. Upon walking into the arcade, Miss Axelby could
sense someone behind and she could hear quick footsteps close behind
her. She moved to the side thinking the person behind her must be in a
hurry. At this stage her friend was parallel to her, walking on her left
hand side.
22. Upon moving to the side, Miss Axelby turned around and saw the
prisoner walking towards herself and her friend. As he passed in between
them, the prisoner, grabbed Miss Axelby on the left lower side of her
bottom without her permission. In so doing, he used his whole hand and
squeezed her bottom firmly.
23. The prisoner kept walking and then let go of her bottom. Miss Axelby
slowed down because she was shocked, she looked at her friend and then
the prisoner stopped walking and turned to face her. He was about a
metre away. He said to her "Hi Judy" or words to that effect. Miss
Axelby replied "I'm not her, I don't know you".
24. As she said that the prisoner came closer to Miss Axelby and then
reached out with both hands and started rubbing and squeezing both of
her breasts. She said "stop it, I don't know you" and moved back, she
ended up with her back on a brick wall as the prisoner continued to
fondle and squeeze her breasts. She kept saying "stop it, I don't know
you". She kept trying to kick the prisoner in the groin but only managed
to connect a couple of times with his leg. At the same time she (folded)
her arms in an attempt to protect her breasts.
25. While Miss Axelby was doing this the prisoner was saying "do you
want to fight do you" and her friend was trying to pull her away. She
was crying and saying "let my friend alone".
26. Finally after several minutes, Miss Axelby successfully managed to
give the prisoner a hard kick in the area of the groin and upon
connecting the prisoner let go of her. He then walked off quite quickly
through the entrance to the arcade in which he originally came in.
27. Later that night Miss Axelby reported the incident to police."

5. The applicant was required to give evidence at the committal proceedings and at the Supreme Court. She found both experiences traumatic.

6. She became irritable and angry, especially with her parents. She had distressing dreams and feelings of anxiety, and suffered a loss of self confidence.

7. Her solicitors referred her for psychological assessment to Mr Jeff Parsons, counselling psychologist, who saw her on 11 April 1994. She had not received any medical or psychological support following the attack. Her mother gave evidence that she reacted angrily to any approach which might have resulted in treatment.

8. Mr Parsons certified that she had suffered a post traumatic stress disorder as a result of the assault. His report details the signs and symptoms supporting that diagnosis, which I accept. He advised specific psychological intervention. The passage of time has lessened the intensity of some symptoms, but her anxiety continues, and will not improve without treatment.

9. She now proposes to undergo treatment, which will cost of the order of $2,600.

10. I would award $14,000 for her pain and suffering.

11. The costs of bringing the application were $400.

12. I award compensation to the applicant of $17,000.