C v C [2006] QSC 256

State Reporting Bureau {aco6j asc Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION MCMURDO J REVISED COPIES ISSUED State Reporting Bureau Date: 24 August, 2006 No 6400 of 2006 LAURAINE THERESE COTTON Applicant and ALAN ARTHUR COTTON Respondent and IN THE MATTER OF the Criminal Offence Victims Act BRISBANE ..DATE 15/08/2006 JUDGMENT WARNING : The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 Ith Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 6 -- 1 HIS HONOUR: This is an application for criminal compensation made by Lauraine Therese Cotton who was the victim of an offence of attempted murder committed on 11 March 2004. She was attacked in her own home by her estranged husband. She was stabbed in the back and suffered injuries which I will describe . 15082006 Tl/TVH (McMurdo J) 10 The offender was convicted on his own plea of guilty and sentenced by me on 7 November 2005 to a term of imprisonment. In my sentencing remarks, I made reference in a summary way to 2p the impact of this offence upon the applicant and I also, of course, detailed the circumstances of the offence and the events of the day in question which makes it unnecessary for me to repeat them now. 30 During this vicious attack upon the applicant, the applicant began to bleed profusely and fortunately her life was saved, in effect, by the intervention of her mother and the assistance of a neighbour. ' 40 She was taken to the Nambour General Hospital suffering what one medical report describes as "a significant stab wound to her back", and she was also bleeding internally. She had to have urgent surgery and transfusions to save her life. She had an exploratory laparotomy with a large excision extending 50 from the rib cage to the pubis. She had a renal laceration which was repaired and a stent was placed into her right urethra because of bleeding in the urinary system. Postoperatively she had problems with the collapse of one 2 JUDGMENT SO -- 2 of 6 -- lung. She was in hospital for eight days; three of those in 1 intensive care. She was discharged from hospital on the 18th of March, but on the 21st of March 2004 she was readmitted suffering extreme 10 pain and she was discharged then on the 23rd of March. Again in April 2004, she was readmitted to hospital suffering pain and swelling and she was discharged two days later. In May 2004 the stent was removed. 20 I accept, as is submitted on her behalf, that she suffered considerable pain. She was essentially debilitated until August 2004 and she had a number of episodes of urinary tract infection. 30 The stab wound was to the right loin passing through the extensor back muscles. It caused a 30 millimetre laceration to her right kidney. In the course of the surgery she underwent immediately after her initial admission to hospital, surgeons opened her abdomen from the sternum to the pubic bone 40 requiring 35 staples to close the surgical wound. As a result, she has scarring from the surgical wound and also on her back from the knife wound. I accept the submission of Mr Crosby who appears for her that 50 the scarring - and I must say the very extensive scarring as is shown in the photographs which are part of the evidence - warrants a consideration within this assessment which is cumulative upon the allowance to be made for the stab wound 15082006 Tl/TVH (McMurdo J) 3 JUDGMENT 80 -- 3 of 6 -- 1 itself. That is because, in effect, the scarring was a consequence of the surgery and is not simply a repair of the stab wound. 15082006 Tl/TVH (McMurdo J) She has also suffered a psychiatric injury as a result of this attack and her injuries, her physical injuries. That is described in a report by Dr Grant, psychiatrist, as follows: 10 "From the emotional point of view Ms Cotton describes the development of a range of emotional and psychological symptomatology following this assault. In my opinion the symptoms she describes satisfy the diagnostic criteria 20 for a post-traumatic stress disorder as in DSM-IV TRO American Psychiatric Association. Clearly she was very traumatised by the assault and thought she would die. She has subsequently had reliving or flashback experiences, nightmares and sleep disturbance, emotional and psychological arousal upon being presented with reminders of the incident; a phobia of knives; changes in her relationships with others in that she is more untrusting and suspicious; some degree of irritability and hypervigilance; some exaggeration of her startle 30 response, and changes in the way in which she relates to people and to the world in general." Doctor Grant says that it is likely that in the long-term the applicant will continue to have a moderate level of nervous shock, at least 10 to 15 per cent, according to the compensation table. 40 In terms of her physical injuries, she continues to experience pain in her abdominal area and in her back which limits, her in terms of lifting or exercising. Doctor Grant says that she is self conscious about her scars which are the subject of questioning from people who see them. The applicant was born in May 1963. She was 40 at the time of 4 JUDGMENT SO -- 4 of 6 -- the attack and is now 43. She still has the care of young 1 twins, as well as having two children who are now young adults . The assessment of her claim, I accept, must be according to 10 three items of the schedule to the Act which are items 26, 28 and 3 3. It is submitted that for item 26, I should allow the maximum which is 40 per cent, within a range of 8 to 40 per cent. The 20 maximum, of course, is reserved only for the most serious case. This is undoubtedly a case of a severe stab wound, and I do not wish to understate the severity of the wound in this case, but I have to say that very serious though the stab wound was, I do not think that I should assess it as being of 30 the most serious of its kind that could be imagined. In my conclusion it is appropriate to allow 30 per cent against item 26. The submission in relation to item 28 is that she should be 40 allowed 20 per cent. I accept that submission. It is unnecessary to discuss that item further other than to say that the severity of that scarring is well apparent from the photographs. 50 The third item is item 33. The submission is that 27.5 per cent should be allowed. I accept that submission. It is well supported by Dr Grant's opinion. 15082006 Tl/TVH (McMurdo J) 5 JUDGMENT 60 -- 5 of 6 -- The result then is a total of 77.5 per cent which, on my 1 calculation, would result in an award of $58,125. HIS HONOUR: The order will be, therefore, that the respondent, who has been duly served with these proceedings, 10 will pay to the applicant the sum of $58,125 by way of compensation for the injuries sustained by the applicant because of the commission of the offence which led to the conviction of the respondent on 7 November 2005 for attempted murder. 20 15082006 Tl/TVH (McMurdo J) 30 40 50 6 JUDGMENT 60 -- 6 of 6 --