Aarts v Tillack
[2004] QDC 321
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- Aarts v Tillack[2004] QDC 321
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Aarts v Tillack[2004] QDC 321
Aarts v Tillack[2004] QDC 321
DISTRICT COURT |
|
CIVIL JURISDICTION
JUDGE C F WALL QC
No D212 of 2004
ANTONIO BARTHOLOMEW PALMER | Applicant |
and
LISA MARICE BARRY | Respondent |
TOWNSVILLE
.. DATE 21/07/2004
JUDGMENT
HIS HONOUR: This is an application for compensation under the Criminal Offence Victims Act.
The applicant was born on the 14th of March 1971.
In the District Court at Townsville on the 12th of June 2002, the respondent was convicted of unlawfully wounding the applicant at Palm Island on the 6th of July 2001. She was sentenced to a wholly suspended term of imprisonment.
The respondent stabbed the applicant in the upper left back with a piece of broken glass causing a laceration about 20 centimetres long and 15 millimetres deep which required four internal sutures as it involved muscle, and six external sutures. He was discharged from hospital after the sutures were applied.
In sentencing the respondent, Judge Pack said:
“The seriousness of the matter involved where a bottle has been involved and a serious injury which required stitches and quite a number of them and has had an impact upon your victim, as has been explained to me in his statement to the effect that he has nightmares and has had other problems, do make the matter serious.”
No conduct of the applicant directly or indirectly contributed to his injuries.
In his police statement, the applicant said he also suffered a graze on his right elbow and left wrist, caused when he fell over after being stabbed. These have resolved uneventfully.
In his victim impact statement dated the 17th of January 2002, tendered on sentencing, the applicant said:
“• At the time I was bleeding. I went to the Palm Island Hospital for three days. I could not move my left arm at all. I was given pain killers and antibiotics.
• Now cold air and rain makes my arm feel numb.
• I have scarring on my back and am frightened to take off my T-shirt when it is hot.
• At the time I was very very shocked and scared. I did not know what happened.
• Afterwards I felt depressed at all times.
• I see a counsellor, Ms Pena Geia, every Friday.
• I cannot stand looking at the sight of her.
• I am afraid of her family. My family cannot stand her at all now because of what she has done to me.
• I have nightmares all of the time.
• I have tried to stop drinking, stopped socialising. I have now met with another de facto, who doesn't drink, smoke and have been going steady for three months. My family does not argue all the time now.”
The photograph of the applicant taken in the Palm Island Hospital shows a very deep, long, severe cut to the applicant's back below his left shoulder, slightly more towards the middle of his back than his left side. Judging from the photographs taken on the 14th of April 2004, it has healed well but has left a long but well-healed scar which is noticeable but not particularly disfiguring. Normally it would be covered by clothing.
In his affidavit affirmed on the 22nd of April 2004 and filed on the 27th of May 2004, the applicant deposed as follows:
“6. At the time of affirming this affidavit I would add that there are still residual effects from the wound caused by the Respondent. In cooler weather the area around the scar on my back aches and this also affects my left arm. I also have problems sleeping and cannot comfortably do so on my back. The injury does affect my sleep patterns. The scar causes me some embarrassment due to its size and position. I prefer other people not to see the scar and accordingly wear clothing to keep it concealed.”
The applicant was interviewed and assessed by Ms Christine Richardson, psychologist, on the 30th of September 2003. I accept what the applicant said to her and her opinions. In her report she says:
“It is apparent from Mr Palmer's report that he experiences psychological distress that he reports is associated with the incident. He is reporting mild to moderate symptomatology associated with Post Traumatic Stress Disorder (PTSD) and mild depressive symptoms.
Mr Palmer reports the following continuing problems since the incident:—
• When he sees people growling at each other he gets worried and gets memories of what happened;
• Nightmares or bad dreams;
• Difficulties with intrusive memories about the incident;
• Irritability;
• Trying not to think about the incident;
• Getting angry about things that are not very important;
• Flashbacks about the incident;
• Sudden disturbing memories about the incident;
• Feeling unhappy much of the time;
• Feeling angry;
• Feeling like he does not know who he is anymore;
• Feeling depressed;
• Periods of trembling and shaking;
• Feeling like he is watching himself from a distance;
• Feeling tense and or? edge;
• Worrying about things all the time;
• Not being able to feel his emotions;
• Feeling jumpy;
• High anxiety;
• Nervousness;
• Getting confused about what he thinks and believes;
• Staying away from certain people or places because they remind him of the incident or because he is afraid;
• Trying to block out certain memories;
• Violent dreams;
• Trying to keep from being alone;
• Trying not to have any feelings about the incident;
• Daydreaming all the time;
• Trying not to think or talk about the incident because it is too painful;
• Being startled or frightened by sudden noises;
• Feeling afraid he may be injured again or due;
• Feeling so depressed that he avoids other people - becoming a social isolate;
• Looks back and sees a lot of failures in his life;
• Expects to be punished;
• Is disappointed in himself;
• Feeling tired much of the time;
• Criticises himself for all of his failures;
• Feels like crying, but can't;
• Difficulties sleeping;
• Appetite is much less than before
He is suffering moderate symptoms associated with Major Depressive Disorder.
Mr Palmer's profile is a classic post-traumatic presentation and it is apparent that he experiences distress associated with PTSD.
His state appears to be in the mild to moderate range. Additionally, Mr Palmer's psychological condition meets the DSM-IV-TR criteria for Major Depressive Disorder, Specified as being Mild and Without Psychotic Features.
Mr Palmer reports being assaulted by Ms Barry on the 6th of July 2001 and as a result he currently experiences psychological distress associated with PTSD and Depression. Mr Palmer should attend counselling to assist him gain some control over his distress. Given his symptoms, it is expected that twenty four sessions with an appropriately qualified therapist, would assist him gain some control over his distress and help him maintain equilibrium in his daily activities.”
Further details are contained in the appendices to Ms Richardson's report and I need not repeat them here.
In my view, the applicant is entitled to compensation assessed as follows by reference to the compensation table in schedule 1 of the Act:
Item 1 - Minor lacerations to the right elbow and left wrist as a direct result of the stabbing. | 1% | |
Item 25 - Moderate stab wound requiring minimal treatment and which healed uneventfully leaving only moderate physical symptoms. | 10% | |
Item 27 - Moderate bodily scarring. | 5% | |
Item 31 - Minor mental or nervous shock. | 7.5% | |
| Total | 23.5% |
The scheme maximum is $75,000. 23.5% of that is $17,625.
I order that the respondent pay compensation to the applicant of $17,625.
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