Criminal

Criminal Injuries Compensation Scheme - consensual buggery of person under age of consent - crime of violence eligible for compensation for resulting physical and mental injury R v Criminal Injuries Compensation Appeals Panel, ex p.

B.: QBD (Collins J): 30 June 2000

The applicant applied to the Criminal Injuries Compensation Authority for an award for physical injury and mental symptoms suffered as a result of violence and sexual abuse, including buggery, to which he had been subjected by male residents at his school when he was aged 12 to 13.

The authority refused, and the Appeals Panel dismissed his appeal on the grounds that it was not satisfied that the sexual activity between the applicant and the other residents amounted to a crime of violence, because it was not satisfied that the applicant had not in fact consented to it.

The applicant sought judicial review by way of an order of certiorari to bring up and quash that decision.James Guthrie QC and William McCarthy (instructed by Hardwicks, Chorley) for the applicant.

Hugo Keith (instructed by Treasury Solicitor) for panel.Held, granting the application, that where a person aged 12 or 13 was buggered it was inevitable that he would suffer trauma and injury and the act of buggery on him, regardless of his consent, was a crime of violence against him; that the Appeals Panel had misdirected itself in law and adopted the wrong approach in the circumstances of the applicant's case; and that, accordingly, the decision would be quashed and the appeal remitted to the panel for reconsideration.