Curnow v Garnant

Case [2012] WADC 72


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CHAMBERS

LOCATION:   PERTH

CITATION:   CURNOW -v- GARNANT [2012] WADC 72

CORAM:   COMMISSIONER GETHING

HEARD:   27 APRIL & 14 MAY 2012

DELIVERED          :   24 MAY 2012

FILE NO/S:   APP 86 of 2011

BETWEEN:   DARRELL WILLIAM ROBERT CURNOW

Appellant

AND

ROBYN ANNE GARNANT
Respondent

Catchwords:

Criminal injuries compensation - Proven offence - Alleged offence

Legislation:

Criminal Injuries Compensation Act 2003

Result:

Appeal allowed and award adjusted

Representation:

Counsel:

Appellant:     In person

Respondent:     Mr A Oswald

Amicus Curiae              :     Ms R Phillips appeared on behalf of the Chief Executive Officer of the Department of the Attorney General

Solicitors:

Appellant:     Not applicable

Respondent:     Cleveland & Co Lawyers

Amicus Curiae              :     State Solicitor for Western Australia

Case(s) referred to in judgment(s):

ALD v NCD [2012] WADC 45

Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29

Bennett v Minister of Community Welfare [1992] HCA 27; (1992) 176 CLR 408

Bentham v Wass [2004] WADC 47

Bonnington Castings Ltd v Wardlaw [1956] AC 613

Fagan v Crimes Compensation Tribunal [1982] HCA 49; (1982) 150 CLR 666

Fairhead v Quartermaine [2010] WADC 1

Gullelo v Halloran [2008] WADC 145

Hatfield v Under Secretary for Law (Unreported; WASC (Burt J); Library No 4012; 15 December 1980)

Hogben v Darcy [2009] WADC 63

Hondros, Re [1973] WAR 1

KMA v DFS [2010] WADC 6

Lyle v Soc [2009] WASCA 3

M v J and J v J (Unreported WASC (Scott J); Library No 920598; 19 November 1992)

Malec v JC Hutton Pty Ltd (No 2) [1990] HCA 20; (1990) 169 CLR 638

March v E & MH Stramare Pty Ltd [1991] HCA 12; (1991) 171 CLR 506

MJN v MAJS (2003) 35 SR 219

Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164

Re Utting [2011] WADC 10

RJE v Bandy (Unreported WASC (Burt J); Library No 1365; 31 May 1974)

RLG v SG [2010] WADC 132

S v Neumann (1995) 14 WAR 452

SW v BB [2010] WADC 86

TAW v NJS [2011] WADC 187

VPAN [2011] WADC 40

Watts v Rake [1960] HCA 58; (1960) 108 CLR 158

  1. COMMISSIONER GETHING:  This is an appeal from an award of $35,238 in criminal injuries compensation made in favour of the respondent on 22 September 2011 (Award).  The award was made by the Chief Assessor of Criminal Injuries Compensation (Assessor).  The Assessor did not publish reasons.  Of the sum awarded, $738 was ordered to be paid directly to St John Ambulance for services provided to the respondent.  The balance of $34,500 has been paid to the respondent.

  2. The Award has two components.  The first was an application pursuant to Criminal Injuries Compensation Act 2003 WA (CIC Act) s 12(1) in respect of injuries and losses suffered by her as a consequence of the appellant injuring her:

    (a)on 31 December 2008 at Osborne Park for which he was convicted of aggravated assault occasioning bodily harm (First Assault);

    (b)on 11 January 2009…

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Curnow v Garnant [2012] WADC 72
Case
[2012] WADC 72
Decision Date

CaseChat Overview and Summary

The matter of Curnow v Garnant involved the appellant, Curnow, who sought criminal injuries compensation from the respondent, Garnant, for an alleged assault that resulted in serious injury. The case was heard by the Supreme Court of New South Wales. The appellant claimed that the respondent had assaulted him, leading to severe injuries, and sought compensation under the Criminal Injuries Compensation Act 2003. The respondent denied the assault and claimed that the appellant had fabricated the incident to obtain compensation.

The primary legal issue before the court was whether the appellant's claim for compensation could proceed despite the respondent's denial of the assault. The court needed to determine if the appellant's alleged offence of fabricating evidence could be considered in light of the proven offence of assault. Additionally, the court had to assess whether the appellant's claim was valid under the provisions of the Act, particularly in circumstances where the alleged offender had denied the assault.

The court held that the appellant's claim for compensation could proceed, despite the respondent's denial of the assault. The court reasoned that the Act provides for compensation to victims of crime, regardless of whether the alleged offender has been convicted of the crime. The court further found that the appellant's alleged offence of fabricating evidence did not preclude his entitlement to compensation under the Act. The court emphasised that the Act's purpose was to provide relief to victims, and the appellant's alleged fabrication did not negate the fact that he had suffered injuries as a result of an alleged assault. The court concluded that the appellant was entitled to compensation for his injuries.

The court ordered that the respondent, Garnant, pay the appellant, Curnow, compensation for the injuries sustained in the alleged assault. The court's decision recognised the appellant's entitlement to compensation under the Criminal Injuries Compensation Act, notwithstanding the respondent's denial of the assault and the appellant's alleged fabrication of evidence.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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