Carless v Scherer [1993] QSC 390

----·;----------· __ :.._ ... _____ ~--- '12_ . Se-93/?/·1& 9 '_.l...l LL.l\..Q(.L._......_ /41 J 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 "Titten authority of the Director, State Reporting Bureau.) -.... ·. SUPREME COURT OF QUEENSLAND . ' . - \O t( ' q 3 i ia. .. :.-..:..~--·-·---....- -·-·--·-···-- -- ...... --. ... ----- --· ......... ___ ~ CIVIL JURISDICTION DE JERSEY J No 43 of 1993 MAURICE JAMES CARLESS Applicant and NOAH MADHU SCHERER Respondent CAIRNS .. DATE 1 0 I 11 I 9 3 ORDER 1 -- 1 of 3 -- ·-"" 101193 HIS HONOUR: This is an application by Maurice James Carless for compensation under the Criminal Code. He was the victim of the respondent who attempted to murder him by firing a shotgun at him on 30 January 1993. The respondent was convicted of that attempted murder and sentenced to 12 years imprisonment. In fact, the respondent fired two shots in the applicant's direction. The applicant was a police officer sent to relieve a hostage situation in which the respondent was participating. One of the shots appears to have grazea the applicant's ear. He is left with some deep seated impairment of his hearing function. Although, not one which manifests itself in any substantial way. The residual effect is some tinnitus from time to time when he is asleep apparently. But there is the possibility of further problems developing in the future, though, the medical evidence before me does not raise that as being a matter of great substance. The real problem is the psychological effect upon the applicant. One may readily accept that it would be enormous. He was a young, happily married family m~n at the ti~e doing his duty, confronted with an enormously shocking situation of the respondent's creation. He was struck by the insolent smile of the respondent as he fired directly at him. He was disturbed by the cold-bloodedness of the whole situation. The psychological effect manifested itself in nightmares, irritability, an unreasonable attitude from time to time on 2 ORDER 10 20 30 40 50 60 -- 2 of 3 -- 101193 the applicant's part towards his children, and a general sense of disturbance and anxiety. It was a case of post-traumatic stress disorder technically so diagnosed. The prognosis is good, but it goes without saying that the applicant will, for a long time, suffer ill effects as a result of this extremely disturbing incident. I do not think that this is an occasion to be mean spirited in the amount of compensation one sets. The larger component, as I have said, must be attracted by the psychological disorder, and I think overall that allowing $10,000 for this is an appropriate response. I do order therefore that the respondent pay to the applicant the sum of $10,000 by way of criminal compensation, and that the respondent pay the costs of the applicant of and incidental to this application. That reflects a draft order with which I have been provided, which I now initial. Order as per draft. 3 ORDER 10 20 30 40 50 60 -- 3 of 3 --