R v Watson [2000] VSC 411

Supreme Court of Victoria|2000-10-10|Before: Teague J

Crimes Compensation - Pain and suffering - Intentionally causing serious injury - Compensation for victim - Sentencing Act 1991 (Vic) s. 86

I have today imposed sentence on Graham Watson. On 29 September last, he was found guilty by a jury of having intentionally caused serious injury to Helen Forsyth on 9 September 1999. On that day, Helen Forsyth was living with Graham Watson in a rented unit at 6 Lewis Street, Frankston. After a trivial incident involving the use of a hose on a fire, he splashed some petrol on her clothes. She went into the bedroom to change her clothes. As she was changing her jeans, sitting on a bed, he splashed more petrol on her clothes and nearby. He then took out a cigarette lighter and flicked it alight. Flames moved quickly onto her clothes. Some minutes elapsed before the flames could be quelled.

On 4 October last, at the hearing of the plea in mitigation, an application was made on behalf of Helen Forsyth for an order for compensation under Section 86 of the Sentencing Act. Under s.86, I may order Graham Watson to pay compensation for the pain and suffering resulting to Helen Forsyth from the offence. Further, I may, in determining the amount of the compensation, take into account, as far as practicable, the financial circumstances of Graham Watson and the nature of the burden that is payment will impose.

As to the matter of financial circumstances, I infer from the evidence led at the trial, supported by what I was told on the hearing of the plea, that payment of compensation, even in part, is highly unlikely. Graham Watson appears to have minimal assets, consisting only of personal belongings of relatively little realisable value.

As to the amount to be awarded, I note that Helen Forsyth was born on 12 January 1959, and is thus now 41 years of age. She was reared in South Australia, and educated to year 10. Her parents are still alive and reside in South Australia. She has 3 siblings. She has had 4 children. She has long been separated from her husband. Prior to 9 September 1999, she was registered with Centrelink under the job search scheme. She was then suffering from depression and was on Arapax.

On 9 September 1999, she suffered burns to the left side of the face, neck and ear, to both legs and to both hands and wrists. Her hair was singed. There were full or deep partial thickness burns to over 30% of her body. The little finger on the left hand was burnt to the tendons. The burns to the left ear caused the loss of the lobe and part of the top of the ear. Substantial areas that were burned needed grafting. Air passages were impaired and that has affected her speech and has caused shortness of breath. She was in the Alfred Hospital for about 5 weeks and in the Caulfield Hospital for about another 4 weeks. She has attended many counselling sessions with a psychologist as from November 1999, but continues to need counselling.

Significant areas burned have been left scarred. Despite remedial measures taken as to the left little finger, the indications favour amputation and an operation for that to be done has been scheduled. Helen Forsyth feels resentment as to the burns and as to the scheduled operation on her hand to have her little finger amputated. Because her movements and breathing are affected, even routine housekeeping tasks are more difficult to perform. Some tasks, like washing dishes, she cannot carry out. She is embarrassed at being the subject of staring because of the scarring left from the burns. This makes it difficult to do even shopping unless she has company. She has to keep the skin grafts out of sunlight. Her lips remain sensitive and sore and that prevents the use of lipstick and causes pain with hot food and drinks. She has to wear different clothes, such as loose-fitting trousers, to those she used to wear before she was burned. She wears pressure stockings and gloves much of the time. The injuries to her hands cause her difficulty in writing. She cannot drive a car because of the injuries to her legs and the need to take medication that could affect driving. There are other consequences, including adverse effects on social contacts, sex life, and menstrual periods. She feels generally anxious and depressed, and has to take medication accordingly. She also needs to take sleeping tablets regularly. At present, she receives a disability allowance from Centrelink. She has received medical advice that she should not resume work for at least another two years.

I have assessed as the appropriate figure for compensation the amount of $80,000. I order that Graham Watson pay compensation for Helen Forsyth's pain and suffering fixed at that amount.

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