Cutting v Arthur [1998] QSC 134

33~70 Sc ~8 /134 _State Reporting Bureau 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 CULLINANE J No 26 of 1997 REVISED COPIES ISSUED STATE REPORTING BUREAU 1916198 IN THE MATTER OF THE CRIMINAL CODE (QUEENSLAND) , ... ' .. ~... . '.. -,. IN THE MATTER OF AN APPLICATION FOR CRIMINAL INJURIES COMPENSATION PURSUANT TO SECTION 663B OF THE CRIMINAL CODE (QUEENSLAND) IN THE MATTER OF AN APPLICATION BY LEANNE CUTTING DARYL MARK ARTHUR TOWNSVILLE .. DATE 19/06/98 JUDGMENT 1 Applicant Respondent 4th Floor, The Law Courts,George Street, Brisbane Q. 4000 Telephone: (07) 32474360. Facsimile: (07) 32475532 -- 1 of 3 -- 19{)698 T6/HG M/T TSVSC5172 (Cullinane J) HIS HONOUR: In this case the applicant was the victim of a very serious assault in which the respondent inflicted knife wounds upon her. Two wounds were inflicted to the left side of the chest and there was an attempt, by the respondent, to pull the knife across her throat but in the course of doing so he cut his hand and apparently desisted. The daughter of the applicant, who was present, called the police and this resulted in the respondent desisting from any further attack. When admitted to hospital she was suffering life threatening 10 injuries and, in particular, traumatic pneumothorax which required urgent treatment. It would appear that she has largely, if not wholly, recovered from the physical consequences of what must have been a terrifying attack but she has significant ongoing psychiatric sequelae which prevent her from performing certain types of work and she, it is said, is unable to enjoy a close relationship with a male. She does not require any ongoing psychiatric treatment or counselling but has serious ongoing fears for her safety and the safety of her children and has generally had a significant disruption to her capacity to live a normal life. A report of a psychiatrist, Dr Carter, suggests that she is coping with the attack and its aftermath as well as might be expected in the circumstances. 2 JUDGMENT 20 -- 2 of 3 -- 1~0698 T6/HG MIT TSVSC5172 (Cullinane J) I think it would be appropriate to award her the maximum sum permissible in respect of this type of sequelae, namely, the sum of $20,000. I do not have anything which provides any real indication of the extent of her scarring but it is plain she has some scars. She underwent a convalescence over some period which included hospitalisation and treatment for life threatening injuries, and also a further convalescence following her release from hospital. I allow, in respect of these additional matters, the sum of 10 $5,000. There will be a total then of compensation which I assess in the sum of $25,000 and which I award to the applicant. 3 JUDGMENT -- 3 of 3 --