Knack v Tango
[2000] QDC 432
•16 June 2000
[2000] QDC 432
IN THE DISTRICT COURT
HELD AT CAIRNS Application No.52 of 2000
BEFORE HER HONOUR JUDGE BRADLEY
16 JUNE 2000
Applicant: JASON CHARLES KNACK
Respondent: NICHOLAI JAMES TANGO
REASONS FOR JUDGMENT
On 20 March, 2000 the respondent pleaded guilty to a charge –
“That on 16th October, 1999 at Cairns in the State of Queensland he unlawfully did grievous bodily harm to the applicant.”
Pursuant to s.24 of the Criminal Offence Victims Act the applicant now seeks an order that the respondent pay compensation for the injuries suffered by the applicant as a result of the offence.
The respondent has been served with the application and the supporting material and has advised the Public Trustee of Queensland in writing that he does not desire to take part in the proceedings. The respondent did not appear and was not represented at the hearing of this application.
During sentencing proceedings before me the facts surrounding the commission of the offence were revealed as follows. The offence occurred at 4.30 am when the applicant and a friend were walking through the Lake Street mall in Cairns. The respondent and friend were walking in the opposite direction and the respondent accidentally bumped into the applicant. Both the applicant and the respondent had been drinking and words were exchanged between them. When the respondent walked towards the applicant, the applicant pushed him away.
The altercation was recorded on security video and the video played during sentencing proceedings. The video shows that after the pushing by the applicant the respondent walked away from the applicant. The respondent believed that he was under threat of assault from the applicant and as a result drew a knife and stabbed the applicant at the base of his throat near his collarbone. Following the stabbing the respondent pranced around the applicant saying “C’mon, come and have another go” whilst the applicant stood still in shock. At this stage some other bystanders, unrelated to either the applicant or the respondent, who had witnessed the incident, chased the respondent and assaulted him with a metal chair and with a piece of wood. The respondent himself suffered injuries as a result of this.
Whilst I did, in my sentencing remarks, refer to “something of a mutual fight” between the applicant and the respondent, nevertheless in all of the circumstances I am satisfied that the applicant did not engage in any behaviour that directly or indirectly contributed to the injury he received as a result of the respondent’s use of a knife.
Following the stabbing the applicant was taken with the assistance of a friend in a taxi to the Cairns Base Hospital. A statement of the Principal House Officer in Intensive Care at the Cairns Base Hospital indicates that when the applicant presented to the emergency department –
“He was distressed and over 10 – 20 minutes complained of progressive difficulty in breathing. During this time his neck and face became grossly swollen. He urgently required intubation and ventilation to prevent upper airway obstruction. Other treatment included a tube inserted into the left side of his chest (a “chest drain”) and intravenous sedation, pain relief and anti-biotics.
Jason Knack was subsequently treated in the Intensive Care Unit until 21 October, 1999 when he was able to become independent with breathing. His treatment during this time also included a chest drain to the right side of his chest for a pneumothorax (punctured lung) that subsequently developed.
He was discharged home on 23 October 1999. The entry wound was approximately 2cm wide and was straight. It was felt likely that the weapon had pierced his airway, probably his trachea, causing the complications seen. It is possible that this wound was caused by a blade 115 mm long, 19 mm wide and 1 mm thick.”
At the time of the offence the applicant was 28 years of age, he is now 29. He was employed as a diving manager and his injuries prevented him from returning to scuba diving until declared fit.
On 9 February, 2000 the applicant was seen by Dr. Graham Simpson, Thoracic and General Physician, who declared the applicant fit for scuba diving. Since then the applicant has resumed his normal duties as diving manager with a local dive company.
The applicant has residual scarring in his neck from the stab wound and in his rib area from the chest drain.
On 4 March, 2000 the applicant underwent a psychological assessment with Sheldon Goldenberg, a clinical psychologist. Mr. Goldenberg’s report dated 3 May, 2000 has been tendered in evidence.
In his report Mr. Goldenberg summarises that the –
“Residual effects of the assault are that Mr. Knack has difficulty with anxiety, fear of crowds and being hurt, erratic sleeping patterns, reduced libido, bizarre dreams, skull and neck tension, fear of diving and developing an embolism, and fear that his life is no longer in his control.
Mr. Knack has tried with difficulty to adapt and cope with his assault, and stated in the interview, that he is committed to a complete recovery.
Psychological results attained, suggest that Mr. Knack has many unresolved issues associated with the assault. His personality is such, that he may be prone to degrees of irritability and anxiety, and may not have the coping strategies and self restraint to manage these strong tendencies and emotions. Although clinical results do not lead to a diagnosis of Post Traumatic Stress Disorder, he certainly demonstrates some of the pronounced symptoms associated with this condition. These symptoms include intrusive thoughts, irritability and an overall level of anxiety, which he is not managing. He is aware that he is unable to manage these symptoms on his own, and is willing to engage in psychological treatment, to assist him in dealing with his issues.
Mr. Knack’s prognosis for future employment is positive, given that he has been cleared of immediate medical concern and is able to resume normal duties including diving. He remains concerned however, that he is at a greater risk of developing an embolism due to lung damage resulting from the assault. Moreover, he stated, that this risk is negatively affecting his ability to obtain necessary insurance coverage for his diving. It would be useful for him to discuss his concerns objectively with his physician.
Mr. Knack’s emotional and psychological issues associated with the violent assault continue to negatively impact on his social and personal life. His levels of anxiety and inability to manage his stress, is limiting his lifestyle and placing strain on his interpersonal relationships.
It is recommend that Mr. Knack participate in one year of counselling on a weekly basis at a cost of $155.00 per session, to alleviate his psychological symptoms.”
The applicant states that immediately following the stabbing he felt that he was in danger of dying and that the emergency treatment given to him at the hospital caused great pain and discomfort. He was unable to return to work for 2 weeks following discharge from the hospital, and until being cleared medically fit to dive in February this year, was most anxious that he would be unable to continue in his chosen career in the dive industry.
I assess compensation in accordance with the compensation table as follows:-
1. Item 26 Gunshot/stab wound (severe) 25% $18,750.00
2. Item 27 Facial disfigurement or bodily
scarring (minor/moderate) 3% $ 2,250.00
3. Item 32 Mental or nervous shock (moderate) 15% $11,250.00
TOTAL $32,250.00
I order that the respondent do pay to the applicant the sum of $32,250.00 by way of criminal compensation.
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