Re An Application Under the Criminal Injuries Compensation Act 1983 and Martin Dyer [1995] ACTSC 26 (23 March 1995)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 AND MARTIN DYER
No. CIC255 of 1994
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 - Assault - Stabbing with screwdriver - Paraplegia.

Criminal Injuries Compensation Act 1983 s.7

HEARING

CANBERRA, 23 March 1995
23:3:1995

Counsel for the Applicant: Mr A. Milshon

Instructing Solicitors: Macphillamy Donald

Counsel for the Respondent: Mr K. Holmes

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:
1. The applicant be awarded compensation of $50,180.00.

DECISION

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

2. On 25 November 1994 Derek James Gabriel was committed for trial in this Court on a charge that on 20 July 1994 he attempted to murder the applicant. He was also charged with assault occasioning actual bodily harm and intentionally inflicting grievous bodily harm on two other persons. The trial has not yet taken place.

3. On 23 March 1995 I awarded compensation to the applicant of $50,180. These are my reasons for that decision.

4. The applicant was a waiter, 23 years of age, who was visiting friends at Allawah Flats in Braddon. They came outside the flats, on hearing a disturbance, and saw Gabriel hitting an old man with a motor bike helmet. The applicant and others went to his assistance. Gabriel stabbed the applicant in the neck with a screwdriver.

5. He was taken to Woden Valley Hospital, paralysed. On 25 July 1994 he was transferred to the Spinal Unit at Prince Henry Hospital, where he was diagnosed as a C8/T1 paraplegic. On 5 October 1994 he was still at the spinal unit, undergoing multidisciplinary rehabilitation, and was likely to require inpatient rehabilitation for some weeks. He attended the hearing of this application in a wheelchair. He has not worked since the assault. There is no evidence about whether he will ever be able to work again.

6. Compensation for such a catastrophic injury is obviously limited by the provisions of s.7 of the Act. The expenses of bringing the application were $180. I therefore made an immediate award of $50,180.