Sagigi v Peter
[2010] QDC 173
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- Unreported Judgment
- Sagigi v Peter[2010] QDC 173
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Sagigi v Peter[2010] QDC 173
Sagigi v Peter[2010] QDC 173
DISTRICT COURT OF QUEENSLAND
CITATION: | Sagigi v Peter [2010] QDC 173 |
PARTIES: | JUDY ELISE SAGIGI (Applicant) v ALWYN WILLIAM PETER (Respondent) |
FILE NO/S: | 250 of 2009 |
DIVISION: |
|
PROCEEDING: | Application for Criminal Compensation |
ORIGINATING COURT: | District Court, Cairns |
DELIVERED ON: | 23 April 2010 |
DELIVERED AT: | Cairns |
HEARING DATE: | 19 April 2010 |
JUDGE: | Everson DCJ |
ORDER: | That the respondent pay the applicant the sum of $12,000.00. |
CATCHWORDS: | Criminal compensation – physical injuries – psychological injuries Criminal Offence Victims Act 1995 Criminal Offence Victims Regulation 1995 R v Jones ex parte Zaicov [2002] QdR 303 at 310 |
COUNSEL: |
|
SOLICITORS: | Legal Aid Queensland for the applicant |
- [1]This is an application for a compensation order pursuant to section 24 of the Criminal Offence Victims Act 1995 (“COVA”).
- [2]The injuries giving rise to the application were suffered as a result of a personal offence for which the respondent was convicted on indictment on 5 September 2008, namely unlawful wounding.
Facts
- [3]On 25 January 2008, after a drunken argument at Mapoon the respondent threw a fishing spear at the applicant striking her in the left forearm (“the incident”).
Injuries
- [4]The applicant suffered the following injuries as a consequence of the incident:
- Five puncture wounds to her left forearm;
- Psychological sequelae.
The relevant law
- [5]COVA establishes a scheme for the payment of compensation to the victims of certain indictable offences including those who suffer “injury” as defined in section 20, being “bodily injury, mental or nervous shock, pregnancy or any injury specified in the compensation table as prescribed under a regulation”.
- [6]Pursuant to section 25 of COVA, a compensation order may only be made up to the scheme maximum of $75,000 specified in section 2 of the Criminal Offence Victims Regulation 1995 (“COVR”) using the percentages listed for an injury specified in the Compensation Table in SCHEDULE 1 of the COVA. In R v Jones ex parte Zaicov[1] Holmes J described the process in the following terms:
“Thus, my examination of the section convinces me that a two or three stage process is entailed. Where there is more than one injury, the first step is to arrive at the amounts in respect of each injury, the second is to add those amounts together, and the third, to arrive at the compensation order.”
- [7]Relevantly, the Compensation Table prescribes:
- Item 24 Gun short/stab wounds (minor) … 6% - 10%
- Item 32 Mental or nervous shock (moderate) … 10% - 20%
- [8]Section 25 of COVA also states that the court, in determining the amount that should be paid for an injury, “should have regard to everything relevant, including, for example, any behaviour of the applicant that directly or indirectly contributed to the injury”. Furthermore, the process of assessing compensation pursuant to COVA does not involve applying principles used to decide common law damages for personal injuries and the maximum amount of compensation provided for is reserved for the most serious cases, with the amounts provided in other cases intended to be scaled accordingly.[2] If an injury is not specifically listed in the Compensation Table the court must decide the amount of compensation by comparing the injury or injuries to injuries listed in the Compensation Table and having regard to the amounts that may be ordered to be paid for these injuries.[3]
The assessment
- [9]The transcript of the sentencing hearing records that the applicant suffered five puncture wounds to her arm. In her affidavit the applicant deposes that they healed after a few weeks. A claim is made in respect of scarring, however there is no evidence before me to support such a claim. I have been provided with a report from Dr Richardson, psychologist, dated 13 November 2009. In her report Dr Richardson states:-
“She is reporting moderate symptomatology associated with Post Traumatic Stress Disorder (PTSD) and mild depressive symptoms. However, it must noted that that Ms Sagigi has made two previous claims for compensation, one of which was the result of Mr Peter’s action in July 2004 and the other in relation to another incident which occurred in December 2004. It is therefore difficult to disentangle the amount of distress she experiences and which is specifically associated with Mr Peter’s behaviour in January 2008. Nonetheless, Ms Sagigi reports that she was shocked when the incident occurred, “mostly because [she] couldn’t believe he had done it again” and the incident reactivated her previous distress which had been moderated “mostly” with the passing of time.”
- [10]Obviously, this aspect of the applicant’s claim is likely to be viewed with some cynicism. However, the fact remains that the applicant was the victim of a frightening attack with a weapon which could have resulted in tragic consequences. I accept that she suffered genuine mental or nervous shock as a consequence, although this needs to be seen in the context of previous violent incidents in her life.
- [11]I am satisfied that the applicant did not contribute to the injury.
- [12]Having regard to the evidence before me and in particular to the matters set out above, I assess compensation pursuant to COVA and the Compensation Table as follows:-
- Item 24 … 6%$ 4,500.00
- Item 32 … 10%$ 7,500.00
- 16%$12,000.00
Order
- [13]I order that the respondent pay the applicant the sum of $12,000.00.