Nelson v Arnold
[2004] QDC 418
•15/10/04
DISTRICT COURT OF QUEENSLAND
CITATION:
Nelson v Arnold [2004] QDC 418
PARTIES:
DAVINA COLLEEN NELSON
Applicant
v
PAUL RAYMOND ARNOLD
RespondentFILE NO/S:
39 of 2004
DIVISION:
Civil
PROCEEDING:
Application for criminal compensation
ORIGINATING COURT:
District Court
DELIVERED ON:
15/10/04
DELIVERED AT:
Ipswich
HEARING DATE:
10 September 2004
JUDGE:
Richards DCJ
ORDER:
The respondent pay the applicant the sum of $18,750.00 compensation for injuries received.
CATCHWORDS:
Criminal compensation – nervous shock
COUNSEL:
SOLICITORS:
Mr J Thomas of Dale and Fallu for the applicant
No appearance for the respondent.
Davina Nelson was 36 years of age and the mother of 2 children. Paul Arnold is the former de facto partner of Nelson and the father of her children.
On 12 July 2001 at about 10.15 pm Arnold went to the residence of Nelson. He had been drinking, he knocked on the door and she heard him calling out. He reached through the front window as was his usual habit and opened the front door. He asked where his children were. She was to return the children that day but had been unable to and unable to contact him to advise him. She indicated that they were asleep and she would return them in the morning.
He then became agitated and accused her of having a sexual relationship with one of his friends. He said that he had murdered this friend. She saw that he had a small serrated bladed knife in his hand. He was yelling at her when suddenly he was on top of her and she felt a blow to the rear of her right ear. He then placed himself into a half kneeling position and indicated that he should cut her up the stomach and held the serrated knife against her genital area. She could feel the knife against her genitals. She tried not to move for fear that she would be cut. She kept repeating “leave me alone, leave us alone”. She became very frightened. The accused then directed the small knife in his left hand towards her leg area. It penetrated about half a centimetre and it was twisted around as it was being taken out of her leg.
He then seemed to calm down and said to the children, who by this stage were awakened screaming, “I can’t kill your mum because I need her to look after us”. He then kissed the children and left.
She went to the Warwick Hospital the next day where she received some treatment for her wounds and photographs were taken which were tendered on this application. The wounds themselves were not particularly serious and they healed without any residual disability.
The applicant has, however, been significantly affected emotionally as a result of this offence.
She was referred to Mr Topping, a psychologist who says that she is highly depressed and suffers from mild post traumatic stress disorder. Mr Topping notes it’s difficult to tease out the history of the violent relationship from this incident but the fact that a knife was used and that she was in fear of dying makes this a significant contribution to her general state of stress.
She did not contribute to her injuries in any way. Whilst Dr Coppin, who saw her does not talk of the injury to the genital area, it is clear from submissions on sentence that she was touched by the knife in the genital area.
She is entitled to compensation as follows:
minor stab wounds (Item 24) 5% of scheme $3,750
mental/nervous shock moderate (item 32)20% of scheme $15,000
Total $18,750
ORDER
I order the respondent to pay the applicant the sum of $18,750 by way of compensation for injuries received.
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