P v. Spokes

[2007] QDC 308

[2007] QDC 308

DISTRICT COURT

CIVIL JURISDICTION

JUDGE O'SULLIVAN

No D1761 of 2007

P	Applicant
and
KEITH WILLIAM SPOKES	Respondent

BRISBANE

..DATE 16/10/2007

ORDER

HER HONOUR:  This is an application by P for criminal

compensation from Kenneth William Spokes.

On 5th November 2001 the respondent was found guilty of one

count of attempted unlawful carnal knowledge of a girl under

16, one count, and one count of unlawfully and indecently

dealing with a child under 16 years.

At the time of the offences the applicant was aged 13, nearly

14, and the respondent was 20.

...

HER HONOUR:  The circumstances of the offences are set out in

my sentencing remarks.

The incident had an immediate and serious psychological

effects on the applicant.

I note that Dr Evans, in a report which has been filed in

support of the application, says there was no psychiatric

history prior to the offences.

After the assault the applicant attended a counsellor at

Protect All Children Today for "roughly two years".  The

applicant also had subsequent psychological episodes, to

use the terminology of Dr Evans.  She was admitted to hospital

at the Mental Health Unit at Redlands Hospital and the

Adolescent Mental Health Unit at Logan Hospital.  She was

first admitted on 21 January 2001 and was transferred to the

Logan Hospital.

I quote from page 3 of the written Submissions:

"She was quiet, withdrawn, refused to eat, experienced a
     dream-like state, had auditory hallucinations, mood
     disturbance, paranoid ideation and disturbances of
     thought form.  She was diagnosed as suffering from a
     Brief Reactive psychosis, and treated with containment
     and anti-psychotic medication.  She was admitted again on
     29 June 2002.  On this occasion her symptoms included
     refusal to eat or speak, agitation and tearfulness.
     There were no psychotic features noted at this time.  Her
     diagnosis was of a Conversion Disorder.  She settled
     rapidly on this admission."

As at the date of her report (which I note is somewhat old,

2004) Dr Evans notes that there is evidence of an Anxiety

Disorder Not Otherwise Specified, of a moderate degree.

Dr Evans noted that an Anxiety Disorder Not Otherwise

Specified includes disorders with prominent anxiety or phobic

avoidance which do not meet criteria for any specific anxiety

disorder or adjustment disorder.

Dr Evans notes that the psychological problems the applicant

experienced had a major effect on her education and

occupational function.  Indeed, Dr Evans considered at that

time (2004) in her then state the applicant was unemployable.

Dr Evans notes that the condition of the applicant immediately

following the incident was serious.  She stopped eating for

two to three weeks.  She was hospitalised.  She refused to

speak.  She could not recognise her parents.  She dropped from

65 to 48 kilos in three weeks.

The applicant has filed an affidavit outlining her continuing

difficulties, and that affidavit includes the effects

immediately following the incident, most of which are also

recorded in Dr Evans' report, and also the continuing effects.

Very unfortunately the applicant suffered ridicule at school

as a result of the incident when she was called names such as

"slut" and "liar".  Very sadly this led to isolation from her

school friends and eventually she moved to another school.

She deposes at paragraph 21 of her affidavit:

"I find it hard to have a relationship with a member of
     the opposite sex because any intimacy brings back
     memories of the offence and I trust no-one.  I have been
     in a relationship for about 18 months and have a three
     month old baby.  I still have difficulty relating to my
     boyfriend in sexual matters."

Because the offender lived only five minutes from the

applicant's family home, and her continuing anxiety arising

from that, her parents relocated to another house.

Before the incident the applicant's school results were good

and they deteriorated significantly thereafter.  Before the

incident she had ambitions to become a police officer, and

that did not eventuate because of those poor results. 

Whether in the long run the applicant recovers and is able to

fulfil her early ambition is a matter which is impossible for

me to say.

The applicant deposes to her eating still being erratic,

continuing problems with socialising, and trust issues.

One of the effects of the incident was that she commenced

smoking and she now smokes 25 cigarettes a day, which, of

course, has implications for her health and is undesirable for

her baby.

The incident occurred on the 3rd of July 2000 and it is thus

quite some time ago.  I am a little disappointed that I have

not received a more recent psychological report.  The one I

have is three years old, but I'm able in a patchy sort of way

to work out the continuing problems of the applicant.

I have benefitted from comparative decisions which have been

given to me in written Submissions, and have also had the

benefit of a summary of the matters which come within

Regulation 1A, that is, Adverse Impacts of a Sexual Nature.

It is, of course, always important to separate symptoms which

relate to mental and nervous shock, on the one hand, and

problems which come within 'Adverse Effects of a Sexual

Nature'.  The applicant's solicitors have done that for me

very satisfactorily, and I consider that their submissions on

quantum are appropriate.

In respect of mental and nervous shock, I consider the

appropriate figure is 20 per cent, that is at the high range

within the category of moderate, and results in an award of

$15,000.

So far as the Regulation 1A item is concerned, the Submission

argues for 25 per cent, and I agree with that.  This results

in an award of $18,750.

I order the respondent to pay the sum of $33,750 to the

applicant by way of criminal compensation.

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