Publication
F/51030 (24 September 2015)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
File Ref: F/51030
Name of Applicant: [ ] mother of Deceased
Solicitors: [ ] Solicitors
Name of Deceased: [ ]
Date of Birth: [ ]
Date of Death: [ ]
Date Tribunal Notified: Application Form dated [ ] received by Tribunal [ ]
The Applicant [ ] makes Application arising out of the death of her son [ ], who died on the [ ]. The Deceased was fatally shot by a person unknown to him at the [ ].
The Garda Report indicates that no person has been identified for the shooting and no proceedings were taken in respect of the death.
The Application Form dated [ ] was received by the Tribunal on the [ ] approximately one year and seven months post incident. The matter was reported immediately to the Gardaí by an emergency call and was investigated by members of the Gardaí at [ ] Garda Station and apparently also by the Coroner for the [ ]. In those circumstances I will extend the time for making the within application pursuant to Article 21 of the Scheme.
The Deceased was unemployed at the time of death and had a daughter with date of birth of [ ]. According to the Garda Report the Deceased has a significant criminal record with 38 previous convictions: 4 for public order offences, 2 for assault, 2 for criminal damage, 1 for theft, 1 for drugs offences and 28 Road Traffic Offences.
Pursuant to the provisions of Article 14 of the scheme, no compensation will be paid where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and furthermore the Tribunal may reduce the amount of an award where in its opinion it is appropriate to do so having regard to conduct, character or way of life of the victim.
In this regard, following receipt of the Garda report the Tribunal wrote to the solicitor on behalf of the Applicant by letter of the [ ] giving the Applicant an opportunity to make submissions in relation to the application of Article 14. It does not appear that any response was received in this regard.
Having regard to the significant criminal record of the Deceased I am of the view that it is inappropriate for the Tribunal to grant an award in this instance and the Application is therefore refused.
Dated the 24th day of September 2015
Signed [ ]