Brumby v Pamtoonda [2001] QDC 222

DISTRICT COURT OF QUEENSLAND CITATION: Brumby v Pamtoonda [2001] QDC 221 PARTIES: ANTHEA AGNES BRUMBY (Applicant) RAYMOND GREG PAMTOONDA (Respondent) FILE NO/S: 14 of 2001 DIVISION: PROCEEDING: Application for Criminal Compensation ORIGINATING COURT: Cairns DELIVERED ON: 1/6/01 DELIVERED AT: Cairns HEARING DATE: 21/02/2001 JUDGE: White DCJ ORDER: That the respondent Raymond Greg Pamtoonda pay the applicant Anthea Agnes Brumby the sum of $35,000 by way of compensation. CATCHWORDS: COUNSEL: Mr A.J. Kimmins for the Applicant SOLICITORS: Mr T. Bailey for the Applicant [1] The respondent, Raymond Greg Pamtoonda, was convicted in the District Court at Cairns on 14 April, 1997 (inter alia) to the following offence:- 1. That on the third day of September 1996 at Aurukun in the State of Queensland he unlawfully did grievous bodily harm to Anthea Agnes Gwen Brumby. This is an application by the said Anthea Agnes Gwen Brumby for compensation pursuant to s.24 of the Criminal Offence Victims Act 1995. [2] The applicant was born on 5 March, 1979. She was therefore 17 at the time of the commission of the offence. She is now 22 years of age. At the time offence the Applicant and the Respondent had been living in a de facto relationship for approximately 2 months. [3] On 3 September 1996 she observed that the Respondent was in a drunken state and she knew from past experience that he was prone to violence when affected by alcohol. At approximately 1o’clock in the afternoon she went to the house of a friend Florence Blowhard in order to hide from the Respondent whilst he was drunk. [4] After approximately half an hour the Respondent came looking for the Applicant. She hid by locking herself in one of the rooms of the house. The -- 1 of 4 -- Respondent was told by one of the occupants of the house that the applicant was not there, upon which he left. The Applicant remained in the room. [5] After some time the Respondent, still drunk, returned and began kicking the door of the room until it gave way. The Respondent reached through a hole in the door and opened it from the inside. At this stage he was brandishing a knife of approximately 10-15 centimetres in length and a broomstick. [6] The respondent grabbed the Applicant by the shirt and dragged her out of the room into the lounge room of the house. During the struggle, the Respondent dropped the broomstick on the floor and swung the knife stabbing the Applicant in the right thigh. [7] The Respondent dragged the Applicant onto the veranda of the house. Once on the veranda he stabbed the Applicant in the torso under the left arm between the 9th and 10th ribs. The Applicant was at all times screaming and crying and struggling to get free. The Respondent eventually let the Applicant go and the occupants of the house took her to the Aurukun Hospital. Those are the facts which constitute the offence. [8] Due to the seriousness of her injuries, the Royal Flying Doctor Service evacuated her to the Cairns Base Hospital. Whilst at the cairns base Hospital the following was noted:- “She sustained: 1. superficial 2cm laceration of the right thigh 2. laceration of the left axilla at the left posterior axillary line at the 9 10 ribs. This resulted in a pneumothorax and subcutaneous emphysema. Treatment was: 3. laceration of her right thigh was sutured. 4. insertion of an intercostal catheter into the left chest 5. subcutaneous analgesia 6. tetanus and antibiotic prophylaxis 7. admission to the ward under the care of Consultant surgeon Dr D Graham. The nature of the injury is that it may have resulted in loss of life if untreated.” [9] In her Affidavit sworn 17th day of August 2000, the Applicant notes as follows:- “I have a scar measuring about three centimetres on my right thigh. I also have two scars on my left side. One is from the stab wound and the other is from the surgical drain…The injuries I received upon which I can presently comment are as follows:- (a) Collapsed Lung; (b) Severe bruising/ lacerations; (c) Severe stab wounds; -- 2 of 4 -- (d) Scarred leg; (e) Scarred side; (f) Post-traumatic Stress.” [10] On 30th of November 2000, the Applicant consulted Dr Robert Edwards, Thoracic Physician. Dr Edwards noted as follows:- “On examination she was a slightly obese young aboriginal girl. She was in no respiratory distress at rest. The trachea was central and there was no lymphadenopathy palpable. The chest expansion was normal and her chest was clinically clear. There was a healed intercostal cannula scar in the left 5th intercostal space. She did have some sensory changes in the disturbance of the 9th intercostal nerve anterior in the midline to the stab wound. The stab wound had been sutured and was well healed and was about 3cms long. In addition there was a healed sutured stab wound in the right thigh laterally about 6 inches above the right knee. The pulse rate was 76 bpm and regular and the heart sounds were normal. Ms brumby has suffered a severe life threatening injury as a result of a stab wound on the 3 rd September 1996. At the time it caused severe pain and suffering and caused her to be transferred to Cairns base Hospital for a week. She has made good recovery but still experiences some numbness and minor sensory changes in the distribution of the stab wound of the chest. At this point in time it seems likely to continue indefinitely and is due to damage to the intercostal nerve as a result of the stab wound. It is unlikely to cause her any severe longterm disability.” [11] On 17th August 2000, the Applicant consulted Mr Tim Ryan, Psychologist. Mr Ryan noted as follows:- “Miss Brumby is a twenty–one year old woman, who prior to the current assault of 3/9/96 seems to have a relatively ‘normal’ functioning individual. However, as a consequence of the current assault, Miss Brumby appears to have suffered significant emotional and psychological destabilisation. It is considered that the destabilisation has had and may continue to have a negative impact on Miss Brumby’s general enjoyment of life’s activities. In diagnostic terms Miss Brumby appears to have suffered a severe nervous shock which has resulted in the development of Chronic Posttraumatic Stress Disorder with anxiety and depressed mood. It is considered that while the symptoms in relation to this disorder have diminished with time, they are still present at a debilitating level. In addition to the emotional and psychological dysfunction caused by the assault, Miss Brumby clearly has ongoing physical impairment stemming from the injuries to her chest. In spite of the serious nature of Miss Brumby’s psychological disturbance, it is likely that immediate psychotherapeutic intervention may enhance Miss Brumby’s prognosis. Ascertaining the amount of therapeutic intervention required in cases of trauma is difficult, however it is considered that, given the -- 3 of 4 -- severity of the nervous shock in this instance, that 20 to 30 sessions would not be excessive. Cost per session is $158.” I am satisfied that there was no conduct on the part of the applicant which contributed to her injuries. [12] I am satisfied that the evidence supports a claim for compensation under the following items contained in the Schedule to the Act – 26 Gunshot/stab wound (severe) 27 Facial disfigurement or bodily scarring (minor/moderate) 33 Mental or nervous shock (severe) Because there is considerable overlapping I do not consider it appropriate to attempt to assess compensation under each item separately. I consider $35,000 to be an appropriate amount to compensate the applicant. -- 4 of 4 --