An Application Under the Criminal Injuries Compensation Act 1983 Glen Kelvin Lewis [1995] ACTSC 82 (24 July 1995)

SUPREME COURT OF THE ACT

AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT 1983
GLEN KELVIN LEWIS
No. CIC44 of 1995
Number of pages - 3
Criminal Injuries Compensation

COURT

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

CATCHWORDS

Criminal Injuries Compensation - Police Officer - Assault Occasioning Actual Bodily Harm - Dropped shoulder - Fear of hepatitis.

HEARING

CANBERRA, 25 May 1995 and 13 July 1995
24:7:1995

Counsel for the Applicant: Mr C. Edwards and Mr A. Anforth

Instructing Solicitors: Maliganis Edwards Johnson

Counsel for the Territory: Mr K. Holmes and Mr R. Bayliss

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:
1. An award of compensation be made to the Applicant in the sum of $12,000.00.

DECISION

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

2. The applicant is a married man, aged 39. In 1994 he was a member of the Australian Federal Police. On 3 April 1994 he went with another officer to a house in Charnwood because of a reported disturbance. While there he was assaulted by Geoffrey Andrew Charles Williams.

3. On 3 November 1994 Williams was committed for trial in this Court on a number of charges, including assaulting the applicant and thereby then occasioning to him actual bodily harm. The trial has not yet taken place, and is presently listed for hearing on 1 September 1995.

4. When the applicant attempted to restrain Williams, Williams punched him with a closed fist to the left side of his face. His nose began to bleed. There was then a violent struggle, during which the applicant received further punches and kicks to the legs and lower body. During the struggle Williams bit the applicant on the inside of his right arm, drawing blood. Even after Williams had been apprehended and pinned down, he bit the applicant again on the right leg, again drawing blood.

5. The applicant was initially treated by ambulance officers at the site, and was then taken by ambulance to Calvary Hospital. The hospital records show that on examination there was a small laceration over his left eyebrow with tenderness and bruising over it. There was a bite mark over his right forearm and right thigh. His right shoulder and the back of his neck were painful. There was slight tenderness over the right anterior chest wall. His nose was tender, but it had stopped bleeding by the time the doctor saw him. He was given an injection for hepatitis and tetanus and instructed to return the next day for x-ray of his nose.

6. On 4 April 1994 the x-ray report showed that the nasal bones were intact although the nose was still quite tender. He was advised that the tests that could be carried out then could not exclude the possibility of hepatitis from the bites, and that it would be necessary to return for further tests in 3 or 4 months time.

7. On 10 April 1994 he returned to the hospital complaining particularly about pain in the right side of his anterior chest, and over the right shoulder, which he said was clicking. X-Rays of the ribs and chest disclosed no abnormality. Ultrasound examination of the shoulder two days later showed that the supraspinatus tendon was impinging on abduction, but no tear was demonstrated. He was referred to physiotherapy.

8. He underwent physiotherapy on 6 occasions between 14 April and 5 May 1994. At the end of the treatment he was painfree in all shoulder movements except hand behind back.

9. He received counseling from the Commonwealth Medical Officer and the police psychologist concerning his worry about AIDS and hepatitis, but his fears were not really alleviated.

10. He noticed that his right shoulder appeared to drop. It continued to ache, and he noticed a grinding sensation on movement of the shoulder. The Commonwealth Medical Officer referred him for further physiotherapy at the Woden physiotherapy and sports injury clinic. The physiotherapist noted the drop in the right shoulder posture, and made a provisional diagnosis of right shoulder acute rotator cuff tendonitis with associated postural dysfunction. He received treatment on 4 occasions at that clinic. On discharge on 13 July 1994 he reported no right shoulder pain or dysfunction with the activities of daily living.

11. On 27 July 1994 he was informed that his blood tests were clear, at which he was greatly relieved. Williams was known to him to have spent a considerable time in prison, and he had thought there was a great risk that he might have been carrying infection. He had ceased sexual relations with his wife until the results of the test were known.

12. He was unfit for work as a result of the assault for a period of 14 days, and when he returned to work he was on light duties for a further period of 3 weeks. He was restricted in his domestic activities for a considerable time.

13. His right shoulder remains dropped, but the defect is only cosmetic. There is also a small scar at the site of the bite on his right leg.

14. He did not lose any salary, and the expenses of his treatment were met by Comcare.

15. For his pain and suffering I award $12,000. No claim was made for the costs of bringing the application.

16. I make an award of compensation under the Act of $12,000.