Foilsiú
F/53579 (28 April 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Fatal Injuries Application
Single Member Decision
The Deceased: [ ], late of [ ], [ ], [ ], who died on the [ ] (“the Deceased”)
Applicant: [ ]/[ ], mother of the Deceased
Application ref: F/53579
Date of incident: [ ]
Date receipt of application: [ ]
Decision outcome: No award
[ ]/ [ ] (“the Applicant”) has made a claim for compensation arising out of the death of her son [ ] (“the Deceased”) under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
In her application signed on the [ ] and received by the Tribunal on the [ ], the Applicant stated that her son, the Deceased, was shot dead on the night [ ]. In a Garda Report received by the Tribunal on the [ ], the Gardaí confirmed that at approximately [ ] hours on the [ ] the Deceased was shot multiple times by a lone gunman as he was [ ], and that he died as a result. The Gardaí reported also that a neighbour of the Deceased had made a 999 call to the Garda Command and Control Centre and despite the Gardaí administering First Aid to the Deceased at the scene, he was pronounced dead a short time later.
The Gardaí further noted in their Report that proceedings had commenced arising out of the shooting, and that the matter had been listed for trial on the [ ] in the [ ] Court. In an email received by the Tribunal on the [ ] from the Applicant, she confirmed that there had been a court case and that [ ].
The Deceased was [ ] years of age at the time of his death and was living with his partner at [ ], [ ], [ ]. He was unemployed and in receipt of Jobseeker’s Allowance.
The Applicant’s claim is for the expenses incurred for the Deceased’s funeral and for memorial works carried out on the Deceased’s grave. The Applicant has also submitted birth certificates of statutory dependants of the Deceased, in aid of an application for solatium, pursuant to s.49 of the Civil Liability Act, 1961. In her application the Applicant also stated that she was seeking legal costs required to assist her in making the application. The Applicant has been assisted in this regard by [ ]. It appears from the correspondence on file that the Deceased’s partner received a bereavement grant from the Department of Social Protection, but as the Applicant confirmed that she is not in communication with the Deceased’s partner, no further details of this grant could be ascertained and presented to the Tribunal.
The Gardaí confirmed in their Report to the Tribunal that the Deceased had amassed [ ] convictions during his lifetime, the first of these dating back to [ ]. The Gardaí attached a copy of the Deceased’s conviction record to its Report. These convictions ranged from offences committed of burglary, larceny and criminal damage, to dangerous driving, drunken driving, assault, unlawful possession of drugs and possession of knives, as well as the unauthorised taking of multi-purpose vehicles (MPVs). Some of these convictions attracted custodial sentences for the Deceased of up to three/four years.
Paragraph 13 of the Scheme states:-
"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."
Whilst the Tribunal extends its sympathy to the Applicant on the loss of her son, the Tribunal is bound by the terms of the Scheme. The Tribunal considers that the Deceased’s convictions, in terms of the amount, range and nature of offences for which he served many custodial sentences over his lifetime, brings this application within the ambit of Paragraph 13 and therefore makes no award in the instant case.
Dated: 28 April 2022
Signed: Nora Pat Stewart