The mother, sister, and two brothers of a murder victim appealed a decision of the Criminal Injuries Compensation Board denying them compensation for nervous shock.
The Board had denied compensation based on the deceased's contributory conduct and a finding that the claimants did not meet the criteria for nervous shock because they did not witness the murder.
The Divisional Court allowed the appeal for three of the claimants, finding the Board erred in law by failing to conduct a proportionality analysis between the victim's conduct and the offenders' actions.
The Court also held the Board erred in its application of the nervous shock criteria, as the common law does not strictly require claimants to directly witness the event if they come upon the immediate aftermath.