A motorcyclist is making a Criminal Injuries Compensation Authority Claim for injuries suffered in the process of running over and killing a 12–year–old who was playing chicken on a dual carriageway A–road.

The CICA is set up to provide compensation out of public funds to victims of violent crime. This is said to be the first time that a person has tried to claim compensation from the CICA for injuries sustained as a result of an accident in which the ‘guilty’ party died. A particular difficulty seems to be whether or not a ‘violent act’ can be said to have been committed against the motorcyclist.

I can’t see why his claim should not be allowed to succeed. If the kid had deliberately run out for a prank and caused the motorcyclist to crash and be injured, but without the kid being hurt himself, it seems to me that there is a decent arguable case for section 20 OAPA 1861 grievous boldily harm on the basis of recklessness (subject to the additional complication of establishing that the person committing the offence knew that what he was doing was seriously wrong — required when an accused is between the ages of 10 and 14), with a corresponding claim for CICA compo. The fact that the kid managed to kill himself in the course of committing the act which consitutes the violent crime is neither here nor there with respect to the motorcyclist victim. Sad of course that the kid died, but that is no reason why the motorcyclist should be denied his compo.

Labels: law, motorcycles