Flynn v Pham

[2004] QDC 315

DISTRICT COURT OF QUEENSLAND

CITATION:

Flynn v Pham [2004] QDC 315

PARTIES:

MICHAEL FLYNN
(applicant)
v
THEIN CONG PHAM
(respondent)

FILE NO/S:

No 34 of 2004

DIVISION:

Civil

PROCEEDING:

Criminal compensation

ORIGINATING COURT:

District Court

DELIVERED ON:

17/9/04

DELIVERED AT:

Ipswich

HEARING DATE:

13/8/04

JUDGE:

Judge Richards

ORDER:

I ORDER THAT THE RESPONDENT PAY TO THE APPLICANT THE SUM OF $52,500 FOR COMPENSATION CAUSED BY INJURIES ON 8 FEBRUARY 2001

CATCHWORDS:

Criminal compensation – significant wounds by machete

COUNSEL:

Lee Smith for the applicant

SOLICITORS:

Trilby Misso for the applicant

No appearance for the respondent

1. Michael Flynn was in the Queen Street Mall on 9 February 2001 at around 8 pm at night.  He began a conversation with a young girl.  The conversation did not last long and they separated.  Soon after they separated a male came up to Mr Flynn and told him to “fuck off” telling him that the girl was his property.  A conversation followed. 

1. Soon after this conversation a group of about seven males aged between 16 and 18 approached Mr Flynn and started punching and kicking him.  He tried to defend himself.  Whilst trying to defend himself he felt a sharp pain in his left arm and noticed blood pouring out of his arm.  He then tried to escape down Adelaide Street but was chased.  He fell and two of his pursuers tried to kick him again.  He got to his feet and ran to a café on the corner of Adelaide and Albert Streets.  People in the café helped him and an ambulance was phoned. He was taken to the Royal Brisbane Hospital. 

1. On 8 July 2001 Thein Pham pleaded guilty to grievous bodily harm in the District Court at Ipswich.  Mr Flynn now seeks compensation for the injuries caused to him.

The injuries

1. Mr Flynn received a wound of the left side of the wrist caused by a machete.  It was a 5 centimetre deep laceration around the ulnar border of the wrist joint of the left hand with the bone exposed and damage to the tenderness structures in the wrist.  He also received an injury to his forearm which included a break. 

1. The first wound has caused significant permanent impairment with every digit being affected to some degree.  He has been left with diminished sensation in the hand and arm and a substantial scar (approximately 18cm long) to the forearm. 

1. The second wound resulted in the partial dislocation of the distal radial ulnar joint and a fracture and dislocation of the wrist and forearm which needed to be immobilised with plaster.  It left a zed shaped scar with each limb 3cm in length.   

1. Mr Flynn has also suffered significantly emotionally.  He has been left with a mild adjustment order with depressed mood and for approximately six months after the assault he suffered post traumatic stress disorder. 

1. A report was supplied by Mr Peter Stoker a psychologist who indicated that he suffered nightmares, flashbacks, avoids the city centre, is more anxious regarding further assaults, is less trusting of people, is more introverted and worries about the assault. He requires continuing therapy of 12-15 sessions and his life has been significantly impaired.  However his progress has been quite good.

1. He is entitled to compensation under the Act.  He did not in any contribute to his injuries and he is entitled to compensation as follows:

Item 26 – Stab wound (severe)  30%                $22,500

Item 16 – Fracture of arm/wrist   15%                $11,250

Item 27 – Bodily scarring  10%                $7,500

Item 32 -Mental or nervous shock(moderate)           15%                $11,250

ORDER

I order that the respondent pay to the applicant the sum of $52,500 for compensation caused by injuries on 8 February 2001.