O'Dowd v Secretary of State
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1982 |
| Date | 01 January 1982 |
| Court | Court of Criminal Appeal (Northern Ireland) |
Remoteness - Nervous shock - Applicants' close relatives murdered -Applicants arrived at scene soon afterwards -Whether injury "directly attributable" to criminal offence - Criminal Injuries to Persons (Compensation) Act (Northern Ireland), 1968, (c. 9), s. 11. (1).
Three close relatives of the applicants were murdered and another wounded in a shooting incident. The applicants arrived on the scene shortly afterwards and suffered nervous shock as a result. They applied for compensation under the Criminal Injuries to Persons (Compensation) Act (Northern Ireland), 1968, but their claims were dismissed both in the County Court and on appeal in the High Court. On a case stated to the Court of Appeal to determine whether an injury can only be considered as directly attributable to a criminal offence within the meaning of s. 11, sub-s. 1. of the Act of 1968 if the applicants were present at the scene of the crime at the time of the commission of the crime, Held, that if a claimant is to succeed the criminal offence relied on must be the causa causans or the effective cause of...
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