Publication
F-51075 (23 January 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: F-51075
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is dismissed under Article 14 (now 13) of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The Applicant lodged an application on the [ ] in respect of the fatal injuries suffered by [ ] on the [ ]. The Application was lodged by her Solicitors [ ].
3. The Applicant’s son [ ] died as a result of an assault on the [ ] at [ ]. He was at the time of his death [ ].
4. An Garda Siochana reported the Applicant’s son had been assaulted by an [ ] who on the [ ] was sentenced to [ ] years imprisonment having pleaded guilty to an offence contrary to Section 4 of the Non Fatal Offences against the Person Act. It was reported that the assailant and the Applicant’s son were observed fighting outside [ ] and the Applicants son’s [ ].
5. The Applicant’s dependents have waived their entitlement to compensation in favour of the applicant.
6. On the [ ] the Secretariat wrote to the Applicant’s Solicitors forwarding on the Garda Report and inviting comment in respect of Article 14 (now Article 13) of the scheme: “no compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his or her character or way of life make it inappropriate that he or she should be granted an award and the Tribunal may reduce the amount of the award where in its opinion it is appropriate to do so having regard to the conduct, character or way of life of the victim”.
7. It is noted from the Garda Report that the victim accumulated [ ] previous convictions from the [ ] to the [ ]. The convictions ranged from minor offences to serious offences.
8. No submission was received from the Applicant’s Solicitors.
9. The Applicants Solicitors were written to on the [ ] by the Secretariat in the following terms: “with reference to the above application and to our previous correspondence dated the [ ] a copy of which is enclosed please inform this office in writing if your client still wishes to pursue this matter. If so please forward the documentation required including original receipts and vouching documentation in respect of your client’s out of pocket expenses arising from his personal injuries.
If this office does not hear from you by the [ ] the file will be sent to a member for decision.”
10. There are three issues for consideration in connection with this particular application as follows:
a. Did the Applicant suffer fatal injuries as a result of a criminal act i.e. the fight that he was involved in?. It would seem almost certain that he was involved in a fight on that particular night according to CCTV. He did not report the matter to An Garda Siochana and made no complaint arising from it but as a matter of probability and in light of the conviction of the other party the Tribunal is prepared to accept that he did suffer fatal injuries as a result of a criminal act.
b. The second issue to consider is Article 14 now Article 13 of the Scheme which has been referred to earlier on. The Applicant was involved in a fight according to the CCTV. It is very obvious that his way of life was such that he did not deem it appropriate to make a complaint to An Garda Siochana. As such it would appear that his conduct or way of life are such that even if compensation were to be awarded in this particular case that a deduction would have to be made considering the circumstances of the incident in which he suffered [ ]. Fighting in a public place is conduct where the reduction of an award would be appropriate.
c. The final issue to consider is the deceased’s previous convictions. There are a vast number of previous convictions. They have not been outlined in detail but the sheer volume of them along clearly satisfies this Tribunal as a matter of probability that his character, or way of life make it inappropriate that any award should be granted in this particular application.
Accordingly I dismiss the application under Article 14 (now 13) of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
23 January 2023