Williamson v Simpson

[2003] QDC 340

DISTRICT COURT OF QUEENSLAND

CITATION:

Williamson v Simpson [2003] QDC 340

PARTIES:

Alice Elizabeth Williamson
Applicant

v

Kirk Foy Simpson
Respondent

FILE NO:

2906 of 2003

DIVISION:

Civil Jurisdiction

PROCEEDING:

Criminal Compensation Application

ORIGINATING COURT:

Brisbane

DELIVERED ON:

8 October 2003

DELIVERED AT:

Brisbane

HEARING DATE:

8 October 2003

JUDGE:

O’Sullivan DCJ

ORDER:

I order the respondent to pay to the applicant the sum of $22,500 by way of criminal compensation.

CATCHWORDS:

Criminal compensation; mental or nervous shock.

COUNSEL:

SOLICITORS:

Legal Aid Queensland for the Applicant

[1] This is an application for criminal compensation by Alice Elizabeth Williamson. The Applicant is 66 years old and was born on 28 May 1937.

[2] The respondent, Kirk Foy Simpson, pleaded guilty to one count of burglary while armed and one count of threatening violence. He was sentenced on 25 September 2002 in the District Court at Beenleigh to imprisonment for eighteen months, suspended after serving a period of 147 days, for an operational period of two years; and 100 hours of community service.

COUNTS ON INDICTMENT	OFFENCE	DATES	SUMMARY
1	Burglary while armed	17/6/01	Respondent entered Applicant’s home armed with a garden stake and a knife.
2	Threatening violence	17/6/01	Respondent threatened Applicant by shoving and jabbing the garden stake and knife towards Applicant.

[3] The injuries sustained by the Applicant consist of mental or nervous shock.

[4] A report from Dr Barbara Anne McGuire, Psychiatrist, dated 4 April 2003, states:

I consider that at this stage Mrs Williamson has two psychiatric conditions, namely posttraumatic stress disorder and major depression. I consider that both conditions are present to a severe degree. The posttraumatic stress disorder is characterised by nightmares, flashbacks, disturbance of sleep, greatly increased feelings of insecurity, lack of trust, avoidance of cues reminding her of the incident and a markedly restricted lifestyle. I believe the depression occurred subsequent to the posttraumatic stress disorder and is characterised by suicidality, reduced feelings of self worth and a sustained low mood. Both conditions have been present since the incident in June 2001 and present to a severe degree. I believe that the posttraumatic stress disorder may well last for another year or two at which stage it may lessen in intensity if she is susceptible to adequate treatment. However, the likelihood is that she will retain throughout her life some of the symptoms. The depression may well be susceptible to considerable improvement if given adequate treatment, probably supportive psychotherapy and medication with antidepressants.

As the offence occurred Mrs Williamson experienced anger and offensive outrage at the invasion of her property. The feeling of anger was also present when she was threatened with the weapons. Immediately after the offence she started to experience fear and marked feelings of insecurity, which have persisted to this day. The incident has had a marked impact upon her family and social relationships. Social relationships are now non-existent because of her fear and lack of trust. Her dependence upon her family has been greatly increased. She had been entirely independent but now feels that she has to have the company of her family to allay feelings of intense anxiety. The incident has had a profound effect upon her outlook on life in general and her life has been transformed from a pleasurable interesting experience to an existence, which she finds intolerable to the extent that she has expressed suicidal thoughts. I believe that she has an urgent need for psychiatric consultation to particularly address her depression. I also believe that she will need counselling for the posttraumatic stress disorder.

[5] The Applicant deposes to the following problems:

• After the incident, she found it very difficult to live in the unit where the offence had occurred. She had very bad memories and did not feel safe. She applied to the Housing Commission to move from the unit.
• She moved, but finds the location very uncomfortable. The new house backs onto a park and has only a three foot fence along the boundary. She finds it impossible to go out into the garden as she does not feel safe.
• Before the offence, she was an avid gardener and obtained a lot of pleasure from her garden. She is now too scared to go into the backyard to work. It makes her feel distressed and trapped.

[6] This is an application for criminal compensation pursuant to the Criminal Offence Victims Act 1995.

ITEM #	DESCRIPTION	% RANGE	SUGGESTED BY APPLICANT	AWARDED	$
33	Mental or nervous shock (severe)	20-34%	30% $22,500	30%	$22,500
TOTAL	$22,500

[7] There is no evidence that the applicant has contributed in any way to his injuries pursuant to s.25(7) of the Criminal Offence Victims Act 1995.

[8] I order the Respondent pay to the Applicant the sum of $22,500 by way of criminal compensation.