D v McCoombes [2006] QDC 241

DISTRICT COURT OF QUEENSLAND CITATION: D v McCoombes [2006] QDC 241 PARTIES: D Applicant And SCOTT MATTHEW MCCOOMBES Respondent FILE NO/S: No. 60 of 2005 DIVISION: Civil PROCEEDING: Criminal compensation ORIGINATING COURT: Ipswich DELIVERED ON: 25 May 2006 DELIVERED AT: Ipswich HEARING DATE: 19 April 2006 JUDGE: Richards DCJ ORDER: It is ordered that the respondent pay the applicant the sum of $12,750 compensation for injuries caused as a result of the assault on her by the respondent CATCHWORDS: Criminal compensation – subsequent injury COUNSEL: M Fairclough for the applicant No appearance for the respondent SOLICITORS: Walker Pender for the applicant [1] On April 2003, the applicant, a 17 year old school girl was walking along Limestone Street, Ipswich when the respondent, whom she knew as an SES volunteer, stopped his vehicle and offered to give her a lift to the festival. When she got into his van the respondent drove away from the festival and stopped the van in -- 1 of 3 -- 2 the back streets of Ipswich. He then grabbed her by the wrist, preventing her from leaving, and indecently assaulted her by touching her and kissing her on the breasts. [2] She tried to get out of the van but the respondent grabbed her and pulled her back in. He placed his hand over her mouth. He eventually desisted and let her go. She complained immediately to the police. [3] On 12 February 2004 the respondent pleaded guilty to indecent assault and deprivation of liberty. The applicant now applies for criminal compensation pursuant to the Criminal Offence Victims Act 1995. [4] The applicant suffered a number of injuries namely: a) a soft tissue injury to the back; b) soreness to the stomach and upper lip; c) bruising to her right breast and mid-line lower thoracic area d) mental and nervous shock. [5] The applicant was seen by Fiona Podolak, a Psychologist who prepared a report in relation to this matter. She saw her at her home and she said she was embarrassed and ashamed of what had happened. She avoids discussing the assault due to the painful memories she experiences. She avoids the accused since the incident. She said she is continually scared of him. She is worried about seeing him the local area. [6] She became less tolerant of her peers and socially isolated at school. She struggled with relations with her friends and to apply herself academically. She had difficulty sleeping and was prescribed medication. She had persistent flashbacks and insomnia, anxiety, and hyper vigilance. She became more guarded in her -- 2 of 3 -- 3 relationships. She slept with her mother for a period of time due to the fear of sleeping alone. [7] Things have subsided somewhat since the assault but she can experience vivid recollections, fear and anxiety when exposed to triggers such as television programs that remind her of the incident. [8] She has symptoms similar to post traumatic stress disorder. She has paranoid thoughts and it is evident that she has been traumatised by the incident. The impact has been moderate to severe on her social, psychological and emotional well being and it is recommended that she undergo psychological counselling. She has since been sexually assaulted again however the psychologist says that this should not discount the symptoms from which she continues to suffer. [9] She is entitled to compensation under the Act. She did not in any way contribute to her injuries. She is entitled to compensation as follows: Bruising and laceration minor - $1,500 Mental or nervous shock (moderate) - $11,250 TOTAL $12, 750 ORDER It is ordered that the respondent pay the applicant the sum of $12,750 compensation for injuries caused as a result of the assault on her by the respondent -- 3 of 3 --