Re McHenry

The case of Re McHenry involves an application for an extension of time for a claim for compensation under the Criminal Injuries Compensation Act. The applicant, the mother of a deceased person, sought compensation for the mental and nervous shock she suffered as a result of her son's death. The son was killed by the respondent, who was acquitted of wilful murder on the basis of unsoundness of mind. The application was made six years after the statutory time limit for making such a claim had expired.

The central legal issue before the court was whether the application for an extension of time was sufficiently justified under section 8(3) of the Act. The court was required to consider whether the applicant had demonstrated a sufficient reason for the delay in making the application and whether the respondent would suffer undue prejudice if the application was allowed. The applicant argued that she had been unaware of her entitlement to compensation until some time after her son's death, and that the respondent would not be prejudiced by the late application.

The court found that the applicant had not demonstrated a sufficient reason for the delay in making the application. The court noted that the applicant had been aware of her entitlement to compensation for some time before making the application, and that she had not taken any steps to investigate her entitlement until some time after her son's death. The court also found that the respondent would be prejudiced if the application was allowed, as the delay in making the application had made it difficult to obtain relevant evidence and witnesses. As a result, the court dismissed the application for an extension of time.

The court did not make any further orders in relation to the application. The applicant was left to pursue any other available remedies in relation to her claim for compensation.