Lindsay v Sutch
[2004] QDC 264
•16/8/04
DISTRICT COURT OF QUEENSLAND
CITATION:
Lindsay v Sutch [2004] QDC 264
PARTIES:
STEPHAN PAUL LINDSAY (Applicant)
v.
GARY JAMES SUTCH (Respondent)FILE NO/S:
D09/2004
DIVISION:
Civil
PROCEEDING:
Application for criminal compensation
ORIGINATING COURT:
District Court Ipswich
DELIVERED ON:
16/8/04
DELIVERED AT:
Ipswich
HEARING DATE:
19/6/04
JUDGE:
Richards DCJ
ORDER:
The respondent is to pay the applicant the sum of $22,500 by way of compensation for injuries caused by the respondent to the applicant.
CATCHWORDS:
Criminal Compensation – scarring
COUNSEL:
R.W. Frigo for the Applicant
No appearance for the Respondent
SOLICITORS:
McCowans solicitors for the Applicant
On 21 August 2002, police were called to the Gailes Caravan Park in response to a domestic incident. When they arrived they found a woman in the office of the caravan park. She told them about an episode of domestic violence that had occurred in the Park that afternoon. Police proceeded to the caravan to speak to the respondent.
The respondent was resistant to the police, initially threatening them with a knife and then threatening to harm himself. He placed a pot of oil which had previously been heated on the stove purportedly to stop someone gaining access to the back of the caravan.
Whilst negotiations were going on at the scene, the applicant ,who was a Dog Squad Officer, arrived. The respondent took the oil from the stove and threatened the dog and the applicant with it. Further negotiations followed and police got close enough to spray capsicum spray in the respondent’s face. It was at this stage that the applicant directed his dog to attack the respondent. The respondent picked up the pot of oil and threw its contents at the applicant. The oil landed on his face and to some extent on his dog. The applicant then responded by punching the respondent and forcing him backwards, such that he ended up sitting on the ground. He then kicked a knife from his hand and the he was arrested.
The applicant was taken immediately to the Ipswich General Hospital where he suffered superficial burns to the left side of his face. He had reddening to his left eye, the left side of his face peeled, and a scab formed around his left eye and the outside of his nose.
The applicant also received a broken knuckle on his right hand as a result of punching the respondent and disarming him. He had a splint applied to his right hand and a full length plaster from his elbow to his finger tips was applied the following day, and that remained in place until 6 September 2002. The injuries were expected to heal without permanent disfigurement or disability.
The applicant was seen by Dr Gary Larder on 16 February 2004. He diagnosed him with a form of anxiety disorder in respect to a post-traumatic stress disorder. He noted that the applicant had sleep disturbance, emotionality, anxiety, depression, irritability and difficulty in coping at work and with personal relationships. He diagnosed that as a major depressive episode complicating an anxiety disorder. Such a diagnosis would fall within the meaning of mental or nervous shock. As a result of this episode, Dr Larder says that he now has a lifetime increased risk of major depression and mood disorder as a result of the anxiety symptoms. He needs further treatment over a significant period of time to treat his depression and anxiety.
He is entitled to compensation under the Act. There is no suggestion that he in any way contributed to his injuries and he is entitled to compensation as follows. In relation to:
Item 17: Fracture – loss of use of finger – 5% $ 3,750
Item 27: Facial disfigurement or bodily scarring - $ 3,750
minor/moderate – 5%
Mental or nervous shock – severe – 20% $15,000
Total: $22,500
I order that the respondent pay the applicant the sum of $22,500 by way of compensation for injuries caused to the applicant.
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