Re An Application Under the Criminal Injuries Compensation Act 1983 and Domenico Carnovale [1994] ACTSC 66 (30 June 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 AND DOMENICO CARNOVALE
No. CIC41 of 1993
Number of pages - 1

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
MASTER A HOGAN

HEARING

CANBERRA, 23 June 1994
30:6:1994

Counsel for the Applicant: Mr T Chadwick
Instructing Solicitors: Snedden Hall and Gallop

Counsel for the Respondent: Mr K Holmes

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:

Compensation be awarded to the applicant in the sum of $6,000.00.

DECISION

MASTER A HOGAN This is an application for compensation under the Criminal Injuries Compensation Act 1983.

2. The applicant was a gardner, employed at the Iranian Embassy when it was attacked on 6 April 1992.

3. Indictments were presented in this Court charging eleven people with a number of offences arising out of that incident. The jury failed to agree on a verdict in respect of one accused. Various verdicts of guilty were returned against the other ten. On 18 January 1994 the Chief Justice sentenced four of the ten to terms of imprisonment and imposed suspended sentences on the others.

4. When the attackers broke through the front gate and began to damage an Embassy motor vehcle, the applicant was working in the front garden. He was terrified and ran to the rear, escaping over the fence. He arranged for police to be called. After the attack was over he saw the injuries suffered by another Embassy employee, and the extensive damage done to the premises. He gave detailed statements to the investigating police.

5. He was unable to sleep properly for about two or three months. He feared an attack at his own home because of his employment at the Embassy. His anxiety was heightened by the experience of giving evidence in the Magistrates Court and at the trial.

6. He did not attend a doctor for treatment. The Australian Government paid compensation to Iranian nationals, but ultimately denied any liability to compensate him.

7. His symptoms are slowly beginning to subside.

8. For his pain and suffering I award $6,000.00. There are no expenses, either for treatment or of preparing the application.

9. I order compensation to the applicant in the sum of $6,000.00.