An Application Under the Criminal Injuries Compensation Act 1983 and Jill Keneally [1995] ACTSC 14 (9 March 1995)

SUPREME COURT OF THE ACT

AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT 1983 and JILL
KENEALLY
No. CIC145 of 1993
Number of pages - 2
Criminal Injuries Compensation

COURT

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

CATCHWORDS

Criminal Injuries Compensation - Assessment - Victim of armed robbery - Post Traumatic Stress Disorder - No issue of principle.

HEARING

CANBERRA, 2 February 1995
9:3:1995

Counsel for the Applicant: Mr B Collaery

Instructing Solicitors: Bernard Collaery and Associates

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 $15,505.00

DECISION

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

2. On 9 September 1992 Travis Lenard Kirchner pleaded guilty in this Court to a charge of armed robbery, committed with an accomplice at the ANZ Bank at Dickson on 1 June 1992. Mr Justice Gallop sentenced him to 3 years imprisonment, to be released after 9 months on a recognizance to be of good behaviour for 3 years.

3. The applicant was born in 1972, and joined the Bank in 1990. In 1992 she was working at the Dickson Branch when the robbery took place. Kirchner was armed with a shotgun. When she moved to press the alarm button his accomplice abused her. Kirchner pointed to gun at her as he waved it around. She was in fear of her life.

4. After the robbery she made a statement to the police, and then went home. She was shaking and trembling, and was unable to sleep.

5. She returned to work, and had one session with a counsellor provided by the Bank. She had previously had some experience of using cocaine and heroin. When she began to experience flashbacks of the robbery she began to use increasing amounts of drugs.

6. She contacted a counsellor, who advised her to admit herself to a rehabilitation centre, but she tried to handle the problem on her own. Her relationship with her parents deteriorated, as did her standard of work at the Bank.

7. In December 1992 she was dismissed from the Bank, and was charged with misappropriating Bank funds. The offence was found proven, but she was released on a bond.

8. After a number of unsuccessful attempts at counselling she resumed treatment with a clinical psychologist, and accepted supervision from a Community Corrections Officer. She ceased using drugs in January 1994.

9. On 18 July 1994, at the request of her solicitors, she was examined by Dr Glaser, consultant psychiatrist. His conclusion was that she was still suffering resolving symptoms of a post traumatic stress disorder, which had been complicated by a severe exacerbation of her previous drug abuse. He regarded her prognosis with cautious optimism. She would, however, need considerable further rehabilitation and treatment, the cost of which could run into thousands of dollars.

10. Taking that into account I award $15,000.00 for her pain and suffering. I allow $505.00 for the cost of bringing the application.

11. I award compensation to the applicant of $15,505.00.