Publication
F/51407 (23 August 2022)
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
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Deceased: [ ]
Date of injury: [ ]
Date of application: [ ]
Case reference: F/51407
Decision: Pursuant to Article 13, the application is refused.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”) on her own behalf and on behalf of the dependents of her son [ ] (“the victim”) who was fatally injured on [ ].
2. The application form was signed by the applicant on [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In her application, the applicant stated that [ ] was killed by [ ], [ ] on [ ]. The applicant stated that, at the time of her application the name of the offender was unknown, but that the offender was charged with the murder of the victim on [ ].
4. The Tribunal has had the benefit of a Garda Report dated [ ] which states that [ ] was fatally injured on [ ] at the [ ]. The incident was reported to Gardai via 999 by members of the public who witnessed [ ]. Gardai from [ ] Garda Station responded to the call.
5. The Garda Report states that it is alleged that the victim [ ].
6. The Garda Report states that the applicant has a small number of convictions for road traffic matters, and no information in provided with respect to any previous convictions of the victim.
7. In support of her application, the applicant provided birth certificates of the dependents of the victim as well as the death certificate of the victim and receipts relating to the victim’s funeral costs.
8. On [ ], the secretariat of the Tribunal wrote to the applicant acknowledging receipt of her application and seeking any other vouching documentation relating to out-of-pocket expenses. The applicant was also asked to confirm details of any further dependents were to be added to the claim for compensation.
9. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue her claim, and, if so to submit the documentation sought, including receipts to vouch her claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
10. On [ ], the applicant wrote to the Tribunal enclosing a letter from [ ] Medical Centre and [ ] Family Practitioners in relation to the applicant’s health. The applicant also enclosed a copy of an article from the [ ] newspaper from [ ] providing further particulars of the circumstances in which the victim was fatally injured.
11. On [ ], a copy of the Garda Report was sent to the applicant, and she was asked to confirm that she had submitted all relevant documentation to the Tribunal.
12. On [ ], the applicant wrote to the Tribunal providing further particulars of the victim’s death. On [ ], the applicant wrote to the Tribunal to confirm that all of the documentation had been provided to the Tribunal and she was satisfied for the file to be sent to a Member of the Tribunal for determination.
13. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form signed by the applicant on [ ], enclosing:
i. Death certificate of the victim
ii. Birth certificates of dependents
iii. Receipt: [ ] and Sons
iv. Receipt: [ ].
b. Garda Report dated [ ];
c. Acknowledgement letter from Secretariat of the Tribunal to the applicant dated [ ] seeking any outstanding receipts or documents relating to out of pocket expenses;
d. Letter from applicant, marked as received by the Tribunal on [ ];
e. Letter from Secretariat of the Tribunal to the applicant dated [ ] asking the applicant to submit any outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, her file would be sent to a Member of the Tribunal for determination;
f. Letter from applicant marked as received by the Tribunal on [ ] enclosing:
i. Letter, [ ] Medical Centre
ii. Letter, [ ] Practitioners
iii. [ ] newspaper article dated [ ]
g. Letter from Secretariat of the Tribunal to applicant dated [ ] asking applicant to confirm that all required documentation had been submitted to the Tribunal;
h. Letter from applicant marked as received by the Tribunal on [ ];
i. Letter from Secretariat of the Tribunal to applicant dated [ ] asking applicant to confirm that all required documentation had been submitted to the Tribunal;
j. Letter from applicant marked as received by the Tribunal on [ ];
k. Letter from Secretariat of the Tribunal to applicant dated [ ] confirming that the application had been sent to a Member of the Tribunal for determination.
14. I am satisfied that [ ] was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the death of the victim arose as a direct consequence of that crime. I am satisfied that the matter was reported the matter to An Garda Síochána promptly.
15. The Scheme provides at para. 3 that: “The Tribunal will consider claims for compensation made by or on behalf of….(d) where the victim has dies otherwise than as a result of the injury, any dependent of the victim.”
16. I am satisfied that the applicant is the mother of the deceased victim, and brings the application on her own behalf, and on behalf of the other dependents of the victim.
17. Article 21 of the scheme which was in place at the time of the application states:
"Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
18. In her application, the applicant stated that the victim was fatally injured on [ ], requiring her to make an application to the Tribunal before [ ]. However, while the applicant signed her application form on [ ], it was not marked as received by the Tribunal until [ ], over a year beyond the date of the death of the victim.
19. I am satisfied that, based on the Garda Report and subsequent correspondence between the Secretariat of the Tribunal and the applicant that the criminal investigation and court proceedings in relation to the death of the victim were ongoing at the time the applicant should have made her application to the Tribunal.
20. I am satisfied that the ongoing court case in relation to the conviction of the person responsible for the fatal injury of the applicant constitute circumstances which warrant the granting of exceptional treatment in this case, and that the applicant’s claim should be admitted despite being outside of the required three-month time limit.
21. Article 13 of the Scheme provides for the following:
“No compensation will be payable 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 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.”
22. For the purposes of the Scheme, the “victim” is the person who was (fatally) injured during the crime of violence, and the “applicant” is the person who brings the claim for compensation on their own behalf and any other dependents of the victim.
23. Article 13 is a public policy measure which requires the Tribunal to assess the appropriateness of making an award for compensation having regard to the conduct of the victim, his character or way of life. Article 13 in no way seeks to diminish the emotional and financial consequence of the loss of the victim to his dependents. In the circumstances of not awarding monies to the dependents of a person whose conduct, character or way of life come within the Article, the State is not blaming such dependents, but withholding compensation in a manner that it would do were the victim alive.
24. It is clear from the Garda Report that the victim was fatally injured [ ] I am satisfied that this is an accurate summary of the factual circumstances of the victim’s death.
25. In circumstances where the victim was fatally injured [ ], it is considered inappropriate for an award of compensation to be granted, having regard to the conduct, character or way of life of the victim.
26. The applicant was provided a copy of the Garda Report, and submitted a copy of a [ ] newspaper article which corroborates the findings of the Garda Report. The applicant has not submitted any material to the Tribunal to determine that this information is incorrect.
27. Therefore, while being sympathetic to the applicant, particularly with regard to the emotional consequences of the loss of her son, no award of compensation will be granted, and accordingly the application is refused.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
23 August 2022