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High Court: (a) grants order quashing a decision of the Criminal Injuries Compensation Tribunal (CICT) determining that setting off a 'screamer' firework down a crowded road causing blindness in one of the applicant's eyes was no a 'crime of violence' within the compensation scheme, on the grounds that the question was an objective one and that the fact that the firework was set off by an 11-year-old boy was not relevant to the issue; (b) remits the matter to the CICT for fresh determination; and (c) refuses a declaration that the five-year delay in hearing the appeal was a breach of human rights law, while noting that such a delay was unacceptable and that the re-hearing should proceed with expedition.
Judicial review - Criminal Injuries Compensation Tribunal - decision that injuries were not attributable to a 'crime of violence' - General Scheme of Compensation for Personal Injuries Criminally Inflicted - explosion of firework in face of applicant when 13 years old - firework set off by 11-year-old child - applicant rendered blind in one eye - 10% loss of sight in other eye - facial injuries - legal immunity not to be taken into account - Council Directive 2004/80/EC - meaning of 'crime of violence' - s.20 of the Offences Against the Person Act 1861 - sections 79 and 80 of the Explosives Act 1875 - whether crime had been committed - whether it was a 'crime of violence' - actus reus - mens rea - whether objective or subjective test - delay.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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