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F/53161 (16 July 2015)

Scheme of Compensation for Personal Injuries Criminally Inflicted

File Reference: F/53161

Name of Applicant: [ ] - Brother of deceased

Solicitors: [ ] Solicitors

Name of Deceased: [ ]

Date of Death: [ ]


Decision

The applicant [ ] has made application for compensation under the scheme for the death of his brother, [ ] Deceased.

The circumstances of his death are that on the [ ] the Gardaí responded to a call from the [ ] where it was established that [ ] [ ] had been seriously wounded and was taken to hospital in a critical condition. The Gardaí investigated the incident and through witnesses and CCTV footage it was established that [ ] was involved in a verbal altercation with a man who left the scene and returned shortly after with a knife. He stabbed [ ] many times. He underwent emergency medical treatment at the [ ] but he was pronounced dead the following morning.

The offender was later arrested and charged with murder. The trial date has been lodged for [ ].

[ ] was [ ] years of age at the time of his death. He was unemployed and lived alone. Under the Civil Liability Act 1961 his dependents are [ ] and [ ]. His [ ] and his [ ] are minors. The other dependents are his brothers [ ] and [ ] and [ ] who is the main applicant (See list attached).

Solatium 25,395.00
Funeral expenses 7,990.00
Headstone 3,000.00
Reception after funeral 300.00
Total claim 36,685.00

The Tribunal notes that the applicant and the deceased have extensive criminal records which in the opinion of the Tribunal are sufficient to satisfy the conditions set out at article 14 of the scheme to prevent the making of an award in this instance.

[ ]

Criminal Injuries Compensation Tribunal

16 July 2015