Martin v Ministry of Home Affairs
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1979 |
| Date | 01 January 1979 |
| Court | Court of Appeal (Northern Ireland) |
Policeman falling through roof following arrest of burglars - Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968, c. 9, s. 11 (1).
The appellant, a police officer, in order to effect the arrest of three persons, climbed onto a roof and sustained personal injuries when it collapsed and he fell to the floor. His application for compensation for criminal injury was dismissed by the County Court Judge and he appealed by way of case stated to the Court of Appeal. Held, dismissing the appeal (1) that s. 1, sub-s. 1 (b) of the Criminal Injuries to Persons (Compensation) Act (Northern Ireland), 1968 provides that the injuries have to be "directly attributable" to the arrest or the attempted arrest in question, which is a requirement that the arrest or the attempted arrest is the causa causans of the injuries and not merely a causa sine qua non; therefore as, on the facts of the case, the direct cause of the injuries had been the failure of the roof to bear the appellant's weight and not the arrest of the three persons...
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Adams v Secretary of State for Northern Ireland
...Board ex parte InceUNK[1973] 3 All E.R. 808, Hutchinson v. Secretary of StateDNI [1988] N.I. 560, Martin v. Ministry of Home AffairsDNI [1979] N.I. 172 and Niland v. Secretary of StateDNI [1982] N.I. 181 distinguished. 3. It was a question of fact whether the respondent's injury was "direct......
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