Criminal Injuries Compensation Scheme and causing injury

As a matter of construction of paragraph 11 of the Criminal Injuries Compensation Scheme 2001, a finding that it was not the motive of a driver in using his vehicle to inflict or attempt to inflict injury on any person was not determinative of the question whether the vehicle was used so as deliberately to inflict or attempt to inflict injury on any person, because it was not inconsistent with a finding that it was nevertheless the driver’s intention to cause injury; if such an intention was proved, the paragraph 11 exception would not apply to render the injured person ineligible for compensation.