Re An Application Under the Criminal Injuries Compensation Act 1983 and Christian Juan Jose Robertson [1994] ACTSC 83 (25 August 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983
AND CHRISTIAN JUAN JOSE ROBERTSON
No. CIC38 of 1994
Number of pages - 2

COURT

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

HEARING

CANBERRA, 18 August 1994
25:8:1994

Counsel for the Applicant: Mr D. Wawn

Instructing Solicitors: Crossin Barker Gosling

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 $28,185.00.

DECISION

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

2. On 20 August 1993 Stuart Bruce McCulloch was committed to this Court for sentence on charges of aggravated burglary and inflicting actual bodily harm on the applicant. On 8 October 1993 Higgins J merged the two counts, and sentenced McCulloch to imprisonment for six months, suspended on his entering into a recognisance to be of good behaviour for two years, accept counselling for drug abuse and pay a fine of $1,000.

3. On 30 April 1993 the applicant was watching television at his house. He answered a knock at the front door, whereupon Mr McCulloch forced his way in and began to hit him with a hammer. He tried to defend himself, there was a struggle, and Mr McCulloch left.

4. The applicant rang for an ambulance, which took him to Woden Valley Hospital. He had injuries to his left forearm, elbow and left orbit, and 7 bruises on his back. Xrays were taken, which were thought to show a fracture of the mid shaft of the left humerus. A back slab was applied. He was given medication, kept for observation for about four hours, and then sent home.

5. He consulted Dr Kneebone on 3 May 1993. He had a badly bruised face, his left arm was in plaster, and he was in extreme pain. Dr Kneebone suspected broken ribs. He diagnosed post trauma syndrome, prescribed analgesics and referred him for counselling. He issued a work certificate for one month.

6. He went back to the hospital on 5 and 6 May. A repeat Xray showed that there was no fracture of the left forearm, and the plaster was removed.

7. By 17 May Dr Kneebone noted he was recovering well from his physical injuries. On 11 June he was physically all right, but was still very apprehensive, agoraphobic and not sleeping.

8. He consulted Dr Jeff Sutton, clinical psychologist, who saw him first on 24 June 1993, and then each week for 11 weeks until 2 September 1993. Dr Kneebone extended his absence from work to the end of July.

9. Dr Sutton diagnosed post traumatic stress disorder at a severe level. He could not return to his flat or be alone. By the end of the course of treatment he had been able to resume much of his independent life, but Dr Sutton had no doubt that the effects would remain with him for a very long time. He had moved to new premises. He had still not returned to work.

10. When Dr Kneebone saw him in November 1993 there were other symptoms appearing, which suggested post traumatic depression. Dr Kneebone prescribed Prothiaden.

11. At the time of the assault the applicant was not working. He had been injured in a motor cycle accident which had affected his voice. His evidence was that he had largely recovered from his injury, and proposed to seek work within the next month. He was not able to work because of his injury.

12. I take account of the fact that he had not actually obtained a job, and the date of starting was not a fixed one. He did however find work when he sought it without difficulty, late in February of this year. He is able to earn at about $400 net a week. I assess his loss of income at $12,000.

13. Dr Sutton saw him again on 11 and 18 April 1994. He had improved since September 1993, but is still troubled by frightening recollections of the event. Although there will always be some effects, I would expect him to continue to improve.

14. I assess compensation for his pain and suffering at $15,000. The cost of treatment was $834.50. The costs of bringing the application were $350.

15. I award compensation to the applicant of $28,185.