Mick v Peter

[2008] QDC 330

[2008] QDC 330

DISTRICT COURT
CIVIL JURISDICTION

JUDGE KINGHAM

No D10 of 2007

MARIA AGNES MICK	Applicant
and
MERVYN PETER	Respondent
MOUNT ISA ..DATE 31/10/2008
ORDER

CATCHWORDS: CRIMINAL COMPENSATION - Assessment of Award
HER HONOUR: This is an application by Ms Mick under section

1

24 of the Criminal Offence Victims Act (1995) for an order for
compensation for injuries sustained when Mr Peter caused her

grievous bodily harm on the 16th of July 2004.

Mr Peter was sentenced on his plea of guilty on the 8th of	10
June 2005. I am satisfied he has been served with this application. He has not appeared.
There is no evidence to suggest Ms Mick in any way contributed
to the circumstances of the offence. Mr Peter assaulted Ms	20
Mick in her own home. He entered the house without her consent and stayed there drinking for about two and a-half hours.
After the children went to bed, when Ms Mick declined his	30
request to sit with him, Mr Peter viciously assaulted her and threatened to kill her.
He forced Ms Mick and their children to walk with him to a
relative's place. There Ms Mick and the children were able to	40
get away.
In the course of his vicious assault of Ms Mick, three of her
right ribs were fractured and she was diagnosed with a right
pneumothorax. She also sustained extensive bruising to the	50

face. Painful surgery was required to inflate her lung and
she was in hospital for a number of days.
She still experienced persistent headaches some two years 2 ORDER 60

1

after the assault. That led to further investigations, but no
cause was identified for those headaches. It appears she

still suffers from them.

At the time, and after the incident, Ms Mick said she felt sad	10
and frightened and her sleep was disturbed. She is still less trusting of people and is withdrawn.
Ms Mick's distress over the attack, both at the time it
occurred and subsequently, has been compounded by the fear she	20
knew her children experienced as they heard and witnessed the attack. They were in the bed on which she was attacked and were screaming and crying.
Ms Mick believed Mr Peter would kill her that night; a fear he	30
deliberately instilled in her, repeatedly threatening to kill
her while he assaulted her. She felt vulnerable, given a
domestic violence protection order had not protected her from
him.
40
Over time her fear subsided. She has recently been assessed
by Mr Walkley, psychologist. He has diagnosed her as
suffering from an acute distress disorder for one month after
the assault. He reports that thereafter she exhibited clear
evidence of post-traumatic stress disorder, which	50

progressively abated over the following 11 months. He
assessed her as continuing to suffer a major depressive
disorder, remaining withdrawn and reclusive with persistent
feelings of vulnerability. He recommends a course of therapy 3 ORDER 60

1

to treat this ongoing condition.

I am satisfied the offence is one which gives rise to an order
for compensation and the injuries which I have outlined are

compensable. In compensation for her injuries I award the	10
following amounts:

1.    Bruising and laceration to the face, moderate, three per cent;

20

2.    Chest injury, severe. I am going to award one amount under that item to reflect both the fractured ribs and the pneumothorax. So, in that category I award 12 per cent;

30

3.    Mental or nervous shock, moderate, an amount of 20 per cent;

4.    The total awarded then is 35 per cent of the scheme

maximum which I calculate to be a sum of $26,250. 40

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4 ORDER 60