McManus v Armagh County Council and Another
Jurisdiction | Northern Ireland |
Judgment Date | 01 January 1952 |
Date | 01 January 1952 |
Court | Assizes (Northern Ireland) |
Conviction of manslaughter - Power of court to make a finding of murder - Compensation to representatives of person murdered - Criminal Injuries (Ireland) Act, 1919 (9 10 Geo. 5, c. 14), s. 1 (1) (b) - Law Reform (Miscellaneous Provisions) Act (Northern Ireland),1937 (1 Edw. 8 1 Geo. 6, c. 9), s. 14.
Where a person has been killed in circumstances constituting an unlawful assembly and the assailant has been convicted of manslaughter, a Court which subsequently entertains proceedings for compensation under the Criminal Injuries Code is not bound by the conviction but may find on the evidence that the deceased was murdered. Proceedings for compensation in respect of criminal injuries are not actions in personam and accordingly are not affected by the common law maxim actio personalis...
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