An Application Under the Criminal Injuries Compensation ACT Richard Edward Dauth [1995] ACTSC 86 (3 August 1995)

SUPREME COURT OF THE ACT

AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
RICHARD EDWARD DAUTH
No. CIC 202 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 - Assault Occasioning Actual Bodily Harm - Police Officer - Broken nose - Full recovery.

HEARING

CANBERRA, 3 August 1995
3:8:1995

Counsel for the Applicant Litigant in Person

Counsel for the Territory: Mr K. Holmes

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:
1. Compensation be awarded to the Applicant in the sum of $8,000.00.

DECISION

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

2. The applicant is a constable in the Australian Federal Police. On 5 March 1994 he was on duty in Charnwood in company with another officer. They were speaking to some young people in the street when one of them opened the door of the Police car. The applicant placed his hand on his shoulder and asked him to move away from it. He turned and grabbed the applicant with both hands on his shirt. He then butted the applicant heavily on the bridge of his nose with his head. The applicant almost lost consciousness. There was a struggle as the two officers attempted to arrest him. He was bleeding profusely from inside the nose and from a cut on the bridge of it. He was understandably fearful of being hurt again during the struggle. The assailant, Neil Allen Jones, escaped. Other police were called by radio and he was later apprehended.

3. On 7 March 1995 Jones was indicted in this Court on charges that he had assaulted the applicant, thereby occasioning to him actual bodily harm, resisting arrest and escaping from lawful custody. On 8 March 1995 the jury convicted him on all 3 counts. He was given a suspended sentence of 6 months imprisonment and ordered to pay a penalty of $1000 and to perform 104 hours of community service.

4. With due regard for police priorities, the applicant was first taken to Belconnen Police station where his injury was photographed. He was then taken to Calvary Hospital Accident and emergency section. There was a deep split over the bridge of the nose, which required 2 sutures. He had difficulty breathing through the nose, and he had pain in the neck and shoulders from the head impact. He was given a certificate for 3 days off work, and asked to return for X-Rays, which were taken on 7 March 1994. They demonstrated fractures of the nasal bones. The alignment, however, was satisfactory. The stitches were removed on 11 March 1994. The fracture appeared to be healing in excellent position.

5. On the doctor's advice he allowed the fracture to heal without further operation. It was necessary for him to be particularly careful over the next six weeks in order to avoid further injury. The neck pain gradually subsided. When the nose had finally healed it had a slightly different appearance, but the changes are minor and do not cause any concern. He has felt some loss of confidence in situations where there has been a possibility of being attacked. He and his family were restricted in their activities during the recovery period.

6. He suffered no loss of income, and the expenses of treatment were met by the Department.

7. There were no expenses incurred in bringing the application. At the hearing the applicant said that he now suffers no ill effects. For his pain and suffering I award $8,000.

8. I award compensation to the applicant of $8,000.