Stabbing victim awarded $21,500
A MAN who was stabbed twice in the back during a brawl in 2008 has been awarded more than $21,500 in compensation, the Warwick District Court heard yesterday.
The court heard the 25-year-old man “thought he was going to die” as he lay breathless and bleeding internally from a deflated lung, a severed spleen and punctured diaphragm as a result of a melee in Warwick’s Victoria Park.
Three teens responsible for the attack were jailed late last year.
The victim’s legal representative told the court his client suffered nervous shock since the incident, including flashbacks, nightmares “so violent he no longer shared his bed with his wife” as he kicked and yelled in his sleep, depression, bubbling in his chest and shortness of breath.
Knife-wielding Nathan Anthony Finnie received five years imprisonment with Jason Corey Brackin and Clinton William Woodbridge both received three-and-a-half years for their part in the arranged fray. The trio, all aged 19 at the time of the stabbing, all pleaded guilty.
Visiting Judge Leanne Clare SC said Finnie, Brackin and Woodbridge had no interest in the compensation hearing which limited her to review only the victim’s version of his physical and physiological “trauma” since that night.
“I’m limited, as they haven’t bothered to come here or want anything to do with it (as they sent no legal representation on their behalf). Ultimately the taxpayer will pay any compensation,” Judge Clare said.
Judge Clare awarded the plaintiff $21,532.50 in compensation for the two obvious scars where the knife pierced his back, pain and “moderate” nervous shock.
The amount was to be reduced by 13 per cent as the court found the victim contributed to his own injuries.
“He voluntarily went to a volatile situation. He was armed at one point and others in the group had weapons (a bottle, bat and cow jigger),” Judge Clare said.