Publication
F/51349 (26 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 death: [ ]
Date of application: [ ]
Case reference: F/51349
Decision: Pursuant to Article 13 of the Scheme, no award of compensation will be made.
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 his own behalf and on behalf of the dependents of his 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 support of his 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.
4. In his application, the applicant stated that [ ] died as a result of being stabbed a number of times by [ ] on [ ].
5. The Tribunal has had the benefit of a Garda Report dated [ ] which states that [ ] was fatally injured on [ ] from a stab wound to the abdomen. The Garda Report states that Mr [ ] was stabbed by following a row with [ ] during the course of which [ ] allegedly assaulted the deceased. [ ].
6. The Garda Report states that the deceased had [ ] previous convictions at the time of his death, the majority of which were for offences contrary to the Public Order Act. He also had a large number of previous convictions relating to petty crime, theft, criminal damage and burglary as well as two convictions for minor assaults.
7. On [ ], the secretariat of the Tribunal wrote to the applicant acknowledging receipt of his application and seeking any outstanding birth certificates of the dependents of the deceased, and a copy of the death certificate.
8. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue his claim, and, if so to submit any outstanding documentation sought, including receipts to vouch his 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.
9. 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: Department of Social Protection
iv. Receipt: [ ] Funeral Directors.
b. Garda Report dated [ ];
c. Acknowledgement letter from Secretariat of the Tribunal to the applicant dated [ ];
d. 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, his file would be sent to a Member of the Tribunal for determination.
10. I am satisfied that the deceased 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.
11. 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.”
12. I am satisfied that the applicant is the father of the deceased victim, and brings the application on his own behalf, and on behalf of the other dependents of the victim.
13. Article 13 (formerly Article 14) 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.”
14. 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.
15. 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.
16. It is clear from the Garda Report that the victim was fatally injured [ ], following a row between the victim, [ ]. I am satisfied that this is an accurate summary of the factual circumstances of the victim’s death.
17. [ ]. It is also clear from the Garda Report that the applicant had a significant list of criminal convictions at the time of his death. Taking together the circumstances of his fatal injury and his criminal convictions, 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.
18. The applicant was provided a copy of the Garda Report. The applicant has not submitted any material to the Tribunal to determine that this information is incorrect.
19. Therefore, no award of compensation will be granted, and accordingly the application is refused.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
26 August 2022