Court of Appeal in Northern Ireland
![handle is hein.journals/jcriml49 and id is 58 raw text is: COURT OF APPEAL IN NORTHERN
IRELAND
INJURY DIRECTLY ATTRIBUTABLE TO CRIME
O'Dowd v. Secretary of State
A ghastly act of terrorism was perpetrated at the home of
Bernard O'Dowd, where an annual family gathering was being held
on the first Sunday of the year. Two masked gunmen entered and
shot every adult male present, killing three and wounding another.
Three close relatives of the victims, being immediately summoned
to the house, suffered nervous shock as a result of what they saw.
Their claim for criminal compensation was rejected by the County
Court and by the High Court, where it was stated that the class of
those whose injuries are 'directly attributable' to a crime ought to be
construed as confined to those injured by the criminal act, that is to
say those who, being present at the scene of the crime, at the time of
the crime, are directly injured by the crime, either physically or
mentally or emotionally, by personal perception of the crime (per
Gibson L.J.). This is to say that an injury is directly attributable to
a crime only if it is the immediate consequence of that crime. The
correctness of this conclusion came before the Court of Appeal by
way of case stated: see O'Dowd v. Secretary of State [i 982] I.R. 210.
On the question of causation, the argument which prevailed in
the lower courts was in effect that public policy requires that the
courts find some formula for setting a limit to the ambit of both
claimants and situations to whom and in which, compensation is to
be payable in law. Otherwise, compensation would be payable in all
situations in which a crime had preceded an injury. Counsel
suggested that the same limit should be set for criminal injury
compensation claims as that established for actions for damages for
nervous shock caused by negligence. But Lord Lowry C.J. con-
cluded that in an action at common law, the need to prove
foreseeability and the possible resort to public policy considerations
confront a plaintiff in a way in which they cannot confront a criminal
injury claimant (p. 214C).](ViewImageLocal?handle=hein.journals/jcriml49&div=15&collection=&method=preview&ext=.png&size=3)
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Court of Appeal in Northern Ireland
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