Criminal Injuries Compensation Act 1983 Alice Graham Barron [1995] ACTSC 76 (20 July 1995)

SUPREME COURT OF THE ACT

CRIMINAL INJURIES COMPENSATION ACT 1983
ALICE GRAHAM BARRON
No. CIC98 of 1995
Number of pages - 2
Criminal Injuries Compensation

COURT

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

CATCHWORDS

Criminal Injuries Compensation - Elderly victim of theft and arson - Smoke inhalation - Depression - Deterioration in health - Damages.

HEARING

CANBERRA, 13 July 1995
20:7:1995

Counsel for the Applicant: Mr J. Bundock

Instructing Solicitors: Stacy and Nyman

Counsel for the Territory: Mr R. Bayliss

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:
An award of compensation be made to the applicant in the sum of $20,261.00.

DECISION

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

2. The applicant is a lady now aged 83, who, in November 1993, lived with her brother in a flat rented from the Housing Trust at Hackett. A son of her niece, Darren Lee, had resided with them in August 1993. He stole some property from her, and on 10 November 1993 he returned to the flat and set fire to it, while the applicant and her brother were inside.

3. On 10 November 1994 he was charged in this Court with a number of stealing and arson offences. He pleaded guilty to three of the charges, and was found guilty by the jury on three others. He was sentenced to imprisonment, effectively for 5 years with a non parole period of 3 years.

4. The applicant was already suffering a number of chronic ailments, including the results of a stroke and cardiac failure. She awoke to the smell of smoke. She found that her bedroom was on fire. Her brother also was in poor health. She tried to wake him but could not really help him to escape. She rang a neighbour, Mr. O'Neill who ran to her premises. He found her sitting in a lounge chair. He knew that her brother could not walk. The house was already full of smoke. He helped the brother outside, and then rescued the applicant. Later he rightly received an award for his bravery.

5. The applicant was taken to Calvary Hospital, suffering from smoke inhalation. She was kept at the hospital overnight for observation. Her house had been burned down and accommodation had to be arranged for her by the social worker. She was, of course, most distressed by the shock of the experience and by the loss of her property. Her distress was increased by the discovery that a relative had been responsible. Her brother later died, and she attributed his death to the fire. Her general practitioner, Dr. Jamieson certified that her health deteriorated after the fire. She became depressed. As a result of the depression and loneliness her general health deteriorated further.

6. For her pain and suffering I award compensation of $20,000. The costs of bringing the application were $261.

7. I therefore make an award of compensation to the applicant in the sum of $20,261.00.