The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 Scheme.
Held: The appeal was allowed, restoring the decision of the FTT that the claim was correctly rejected. The Court of Appeal had been unable to show sufficient reason for disturbing the decision of the First Tier Tribunal.
The Scheme’s terms did not allow an award to be made in these circumstances. The term crime of violence’ required two elements. First had a criminal offence been committed, and second, given the nature of the act, was it properly characterised as violent. That second question had to cover a wide range of possibilities, and a fact finding exercise may be appropriate. Here, however, it had not been shown that the suicide’s actions would all within section 20 of the 1861 Act. The FTT was entitled to conclude that it has not been shown that the suicide intended to cause harm or was reckless as to whether harm of whatever degree might be caused by his actions. The development of a consistent approach to the application of the expression ‘crime of violence’, within the statutory scheme, was a task primarily for the tribunals, not the appellate courts.
Lord Hope of Craighead DPSC, Baroness Hale of Richmond, Lord Sumption, Lord Carnwath JJSC, Lord Walker of Gestingthorpe
UKSC 2011/0123, [2013] UKSC 19, [2013] 2 WLR 1012, [2013] 2 All ER 625, [2013] WLR(D) 142, [2013] 2 AC 48
Bailii, SC Summary, SC, Bailii Summary, WLRD
Criminal Injuries Compensation Scheme 2001 6 8, Offences against the Person Act 1861
England and Wales
Citing:
Appeal from – Jones v First Tier Tribunal (Social Entitlement Chamber) CA 12-Apr-2011
The claimant had been driving his lorry. A man jumped in front of a second lorry in an apparent attempt to commit suicide. In a failed attempt to avoid the suicide, the second lorry crashed into the claimant causing catastrophic injuries. The . .
Cited – Regina v Mowatt CACD 20-Jun-1967
The defendant was attacked by his victim, and he hit his victim in the face. He was charged with wounding with intent to do grievous bodily harm with an alternative of unlawful wounding also open to the jury. The judge gave no direction on the . .
Cited – Regina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising . .
Cited – Regina v Criminal Injuries Compensation Board, Ex parte Clowes 1977
A police sergeant was injured by an explosion when he was investigating the suicide of a man who had broken off the end of a gas stand pipe in his house. The Board rejecting his application, saying that it had not been ‘a crime of violence’.
Cited – In re Grayan Building Services Ltd CA 1995
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
Cited – Moyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
Cited – Brutus v Cozens HL 19-Jul-1972
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a . .
Cited by:
Cited – Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) CA 3-Feb-2014
The claimant had been riding his cycle. A dog, known to be aggressive, chased him, he swerved ino the path of a car and was severely injured. His claim was rejected by the appellant saying that no crime of violence had been involved. CICA now . .
Cited – MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another SC 22-Feb-2017
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse.
Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue . .
Cited – BPP Holdings Ltd and Others v Revenue and Customs SC 26-Jul-2017
The Revenue had challenged a decision by the FTTTx to bar it from defending an appeal as to VAT liability. It had failed first to meet procedural time limits and on the issue of an unless order had failed to comply. The Revenue challenged the . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Crime
Updated: 11 November 2021; Ref: scu.472625