Publication
F/53337 (1 October 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
Applicant: [ ] in respect of [ ] (Deceased)
Claim Reference: F/53337
Date of Incident: [ ]
Tribunal Notified: [ ]
The Applicant is the sister of the Deceased, [ ]. The Deceased was last seen on the [ ] by his mother's boyfriend as he left his home at [ ]. A short time later Gardaí searched the address under warrant and found a number of illegal firearms. There were no further sightings of the Deceased until his remains were discovered on the [ ]. The Deceased was unemployed at the time of his death and had a number of convictions in the State and in the United Kingdom for the unlawful possession of firearms.
Clause 14 of the Scheme provides:
"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."
Clause 21 of the Scheme provides:
"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."
Having assessed the application and taken account of the fact the Deceased was actively being sought by the Gardaí in relation to possession of firearms at his address, and his previous convictions for firearms, and the fact that the Deceased died [ ], the Tribunal finds the Applicant falls within clause 14 of the Scheme and it is inappropriate that an award should be granted.
Further the Tribunal finds that the Application falls outside the three month time limit allowed to make an award, and that no exceptional circumstances have been proffered by the applicant so as to justify exceptional treatment.
Therefore no award is made in this case.
Dated: 1 October 2019
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