Publication
53523 (21 November 2019)
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
Claim Reference: 53523
Applicant: [ ] in respect of [ ] (Deceased)
Date of Incident: [ ]
Date Tribunal notified: [ ]
The Applicant is the mother of the Deceased who died due to multiple stab wounds inflicted after he answered a knock at the door in his [ ] house. The Deceased had 60 convictions recorded against him including convictions for burglary, drugs offences, breach of bail, possession of offensive weapons, criminal damage and public order. Paragraph 21 of the scheme provides:
"Applications should be made as soon as possible but, excepting circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury."
The Tribunal finds that the application was not made within three months and no exceptional circumstances were put forward by the Applicant to explain the long delay of over three years prior to making the application.
Paragraph 14 of the scheme provides:
"No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or way of his life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of an award where, in its opinion it is appropriate to do so having regard to the conduct, character or way of life of the victim".
The Tribunal further finds that the Deceased had a long criminal record. The Tribunal concludes due to the seriousness of the crimes and the number of convictions held by the Deceased that the Deceased was involved in a criminal way of life, and as a result s. 14 of the scheme applies. In the circumstances due to paragraph 41 and paragraph 21 of the scheme the Tribunal makes no award in this instance.
[ ]
Dated: 21 November 2019