Re Clarke

The case of Graham James Clarke v Martin Joseph Gore involved a claim for compensation by the applicant, Graham James Clarke, under section 663B of the Criminal Code for injuries sustained during an armed robbery. Martin Joseph Gore had been convicted of armed robbery in company and deprivation of liberty. Clarke sought compensation for the post-traumatic stress disorder (PTSD) he developed as a result of the incident, which lasted approximately two years and significantly affected his ability to work. The legal issues before the court included whether Clarke was entitled to compensation and, if so, the appropriate amount. The court had to consider the severity of Clarke's PTSD, its impact on his life and employment, and whether the economic loss resulting from the incident could be quantified.

Justice G N Williams found that Clarke was entitled to compensation for the severe PTSD he suffered due to the criminal incident. The court accepted Clarke's evidence that he experienced a significant physical and mental reaction immediately after the incident, which included severe sleep disturbances, a heightened sense of danger, and difficulty coping with work and daily activities. The court also accepted the medical evidence that Clarke had been suffering from chronic PTSD since the incident and that his condition was directly attributable to the armed robbery. Although Clarke's condition had improved over time and he had returned to work as a baker, the court found that he had experienced a substantial period of economic loss due to his inability to work reliably during the two years following the incident. The court awarded Clarke $12,500 in compensation, considering this amount appropriate given the nature and duration of his injuries and the economic loss suffered.

The court's judgment concluded with an order for Martin Joseph Gore to pay Graham James Clarke $12,500 by way of compensation for the injuries he sustained as a result of the armed robbery and deprivation of liberty. The court also included an amount to cover the costs of the application. The maximum compensation payable under section 663AA of the Criminal Code, applicable to cases of mental shock or nervous shock, is $20,000.