Publication
F53135 (31 March 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: F53135
Date of death: [ ]
Date of application: [ ]
Decision outcome: The application is not admitted as it does not satisfy the requirements of Paragraph 1 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) in respect of the death of her brother, [ ] (Deceased), on the [ ].
2. It is apparent from the application form submitted that the death of the late Mr. [ ] (RIP) occurred in extremely tragic circumstances which in turn has had a profound effect on the Applicant, and [ ], referenced in the application form submitted. It is apparent that the Applicant and her family have made every effort to seek clarity as to the circumstances of their brother’s death and this Tribunal has considered the substantial documentation in detail as put before it. In particular the Tribunal has had regard to the report of An Gardai Siochana and the verdict of the Coroner’s Inquiry delivered on the [ ].
3. The Tribunal notes that the Applicant and her family are of the view that the late [ ] died as a result of a crime of violence. This view however is not supported by the reports of an Gardai Siochana, the DPP who directed no prosecution, the Coroner’s Court who returned a verdict of misadventure, nor the medical evidence adduced on foot of the autopsy conducted post the death of Mr. [ ].
4. It is the case that this Tribunal may only consider claims for compensation in respect of injuries (fatal and non-fatal) which are directly attributable to a crime of violence. Based on the evidence before this Tribunal I cannot conclude that this necessary causal connection has been established in this case.
5. For the purpose of completeness Paragraph 1 provides as follows:
1. The Criminal Injuries Compensation Tribunal established under Paragraph 16 of the Scheme may pay compensation in accordance with this Scheme in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in Paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life. The injury must have been sustained within the State or aboard an Irish ship or aircraft. Arson and poisoning will be regarded as coming within the scope of the expression “crime of violence” and, in determining whether any act is a crime for the purposes of the Scheme, the Tribunal will not take account of any legal immunity which the person who inflicted the injury may have by reason of his mental health, his youth or otherwise. The word “injury”, as used in the Scheme, includes a fatal injury.
6. It is further noted that this application was received outside the three-month period allowed for the making of such applications. I am not required to consider the lateness of the application in circumstances where the application fails to satisfy the eligibility criteria outlined at Paragraph 1 of the Scheme.
7. The Tribunal wishes to express its sympathy to the Applicant and her family on the loss of their brother. The Tribunal is however bound to apply the terms of this compensatory scheme as it is written and accordingly the Application is not admitted and is dismissed.
Georgina Robinson
Criminal Injuries Compensation Tribunal
31 March 2023