Gray v Criminal Injuries Compensation Board [1998] ScotCS 39 (28 October 1998)

Gray v Criminal Injuries Compensation Board [1998] ScotCS 39 (28 October 1998)

The board was entitled to conclude that no crime of violence had been committed, as bigamy and obtaining sexual intercourse by fraud do not constitute crimes of violence under the scheme. The injury suffered by the applicant was not directly attributable to a crime of violence, and the authorities do not support the applicant's broader interpretation.

Citation
[1998] ScotCS 39
Parties
Petitioner & Reclaimer: June Kilpatrick Gray; Respondents: The Criminal Injuries Compensation Board
Jurisdiction
Scotland
Judgment Date
28 October 1998
Procedural Posture
Reclaiming Motion (appeal) in Judicial Review / Court of Session, Inner House, Decision on Reclaiming Motion
Outcome
Reclaiming motion refused; decision of the Lord Ordinary affirmed.
Legal Topics
Criminal Injuries Compensation, Definition of Crime of Violence, Bigamy, Fraudulent Procurement of Sexual Intercourse, Sexual Offences (scotland) Act 1976, Judicial Review of Administrative Decisions
Criminal Law Compensation Law Administrative Law Criminal Injuries Compensation Definition of Crime of Violence Bigamy Fraudulent Procurement of Sexual Intercourse Sexual Offences (scotland) Act 1976 +1 more

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Parties

June Kilpatrick Gray

Petitioner & Reclaimer

The Criminal Injuries Compensation Board

Respondents

Procedural Posture

Reclaiming Motion (appeal) in Judicial Review / Court of Session, Inner House, Decision on Reclaiming Motion

Legal Issues

  1. 1 Whether the applicant was a victim of a 'crime of violence' under the criminal injuries compensation scheme
  2. 2 Whether obtaining sexual intercourse by fraud or bigamy constitutes a crime of violence for compensation purposes

Ratio Decidendi

The board was entitled to conclude that no crime of violence had been committed, as bigamy and obtaining sexual intercourse by fraud do not constitute crimes of violence under the scheme. The injury suffered by the applicant was not directly attributable to a crime of violence, and the authorities do not support the applicant's broader interpretation.

Court Disposition

Reclaiming motion refused; decision of the Lord Ordinary affirmed.

Orders

  • Application for compensation refused.
  • No remit to the board; no compensation payable.