Chau Ngoc Ma v Ngoc Tuc Ngo [2003] QDC 161

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[2003] QDC 161 DISTRICT COURT CIVIL JURISDICTION JUDGE HOATH No 1218 of 2003 CHAU NGOC MA Applicant and NGOC TUC NGO Respondent BRISBANE ..DATE 14/05/2003 ORDER -- 1 of 5 -- 14052003 T15/FMH18 M/T CMS1/2003 (Hoath DCJ) ORDER 2 1 10 20 30 40 50 60 HIS HONOUR: This is an application by Chau Ngoc Ma, pursuant to the Criminal Offence Victims Act 1995, for an order that the respondent, Ngoc Tuc Ngo, pay compensation to him for the injuries suffered by him as a result of the offence of grievous bodily harm with intent to do grievous bodily harm, of which the respondent was convicted on the 7th of November, last year. That offence occurred on the 24th of September 2001. The previous night, the applicant had stayed in his girlfriend's home at Durella Street, Durack. When he went to leave, at approximately 4 a.m. on the 24th of September, he observed the respondent who was known to the applicant and his girlfriend outside the front door of the applicant's girlfriend's home. The applicant became suspicious of the respondent's reason for being there and an argument developed between the applicant and his girlfriend over the respondent's reason for being there. The applicant left the house and was walking to his own residence. The respondent got into his vehicle and followed the applicant. The respondent stopped his vehicle, got out and there was an argument during which the respondent stabbed the applicant in the right and then the left shoulder. The applicant ran to his home. The respondent followed and caught him. A struggle ensued during which the respondent -- 2 of 5 -- 14052003 T15/FMH18 M/T CMS1/2003 (Hoath DCJ) ORDER 3 1 10 20 30 40 50 60 stabbed the applicant in the ear and face. After further struggling, a third person intervened and the attack ceased. Following the incident, the applicant was taken to the Princess Alexandra Hospital. On examination, he was found to have suffered a three-centimetre laceration to the right side of the chest, posteriorly, a three centimetre posterior interscapular chest laceration, a laceration to his left ear and lacerations to the left and right forehead. There was a large pneumothorax associated with the right side chest wound. That injury required the insertion of an intercostal catheter. That remained in place for two days. The chest lacerations were sutured and he was discharged from hospital three days after admission. The stab wounds to his forehead were described as superficial lacerations. The wound to the ear was more substantial but, fortunately, did not involve any nerve damage. The wounds healed satisfactorily, leaving scars which were described by a medical officer as "looking good". At the time of the offence, the applicant was 49 years of age. He came to Australia in 1994. His wife and children remained in Vietnam. He is employed as a farm hand. The applicant states that the stab wounds were painful for a long period of time. He was unable to return to work for nearly six months after the incident. Although his physical -- 3 of 5 -- 14052003 T15/FMH18 M/T CMS1/2003 (Hoath DCJ) ORDER 4 1 10 20 30 40 50 60 injuries have improved, he continues to experience pain at the site of the stab wounds, particularly in cold weather. He also notices noises in his left ear. Since the offence, the applicant states that he still has flashbacks of the incident. He has nightmares. He is unable to watch television incidents involving assaults. He is depressed. He has become reclusive, security conscious, feels he now has a poor memory, has difficulty concentrating, feels nervous and has suffered a loss of interest in women. The amount of compensation that an applicant should be awarded under the Criminal Offence Victims Act does not involve applying the principles used to determine common law damages for personal injuries but is limited to the amount specified or within the range specified for an injury referred to in the compensation table in schedule 1 of the Act. In this case, I am satisfied that the applicant suffered stab wounds and mental and nervous shock as a result of the offence committed upon him. Both those injuries are specifically referred to in the compensation table. When assessing the applicant's entitlement by reference to the compensation table, it must be borne in mind that the maximum amount of compensation referred to in the table is to be reserved for the most serious cases with other cases to be scaled according to the seriousness. -- 4 of 5 -- 14052003 T15/FMH18 M/T CMS1/2003 (Hoath DCJ) ORDER 5 1 10 20 30 40 50 60 In this case, I am of the view that a reasonable assessment of the applicant's injury, according to that stipulation, is: as to the stab wound, 15 per cent; as to mental and nervous shock, 15 per cent. That is a total of 30 per cent of the scale maximum of $75,000, namely $22,500. Accordingly, I order that the respondent pay the applicant the sum of $22,500 by way of compensation for the injury sustained as a result of the offence of grievous bodily harm with intent to commit grievous bodily harm, of which the respondent was convicted on the 7th of November 2002. ----- -- 5 of 5 --