Curran v Champion

The applicant, Curran, appealed against a decision made by the Criminal Injuries Compensation Tribunal which had granted him a limited award of compensation under the Criminal Injuries Compensation Act 2003. Curran argued that the tribunal had erred in law and failed to properly consider the relevant statutory provisions in determining his award. The respondent, Champion, submitted that the tribunal's decision was correct and that the appeal should be dismissed. The primary issue before the court was whether the tribunal correctly applied the provisions of the Criminal Injuries Compensation Act 2003 when determining Curran's award. Specifically, the court needed to consider whether the tribunal erred in finding that Curran's own behaviour contributed to his injuries, and if so, whether the award should have been limited to compensation for injuries for which the offender was criminally responsible.

The court found that the tribunal had erred in law by not adequately considering the statutory provisions when assessing Curran's award. The tribunal had failed to consider the meaning of "in consequence of a proved offence" and whether the victim's behaviour contributed to the injury. The court found that the tribunal's approach was inconsistent with the relevant statutory provisions and that the tribunal had not properly considered the degree of Curran's contribution to his injuries. The court further found that the tribunal had not properly assessed the loss of earning capacity, as the evidence provided was deficient. The court held that the tribunal's decision was incorrect and remitted the matter back to the tribunal for reconsideration. The appeal was allowed, and the matter was remitted to the tribunal for a fresh assessment of the award. The court did not make any orders regarding costs.