F54535 (16 December 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ] on behalf of the dependants of the late [ ]

Application number: F54535

Date of incidents: [ ]

Date of application: [ ]

Decision outcome: €41,130

1. [ ] (“the applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on behalf of the dependants of the late [ ]. The applicant is [ ] Father.

2. On the [ ] when a scuffle broke out and the offender [ ] to death.

3. [ ] The offender allegedly had been suffering from poor mental health at the time of the incident. The offender was found guilty [ ]. He received a [ ] year prison sentence with [ ] years suspended.

Conduct and way of life

4. Paragraph 13 of the Scheme states that “No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence”.

5. Paragraph 14 of the (pre-2021 Scheme) provides that "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."

6. The Gardai advised the Tribunal that [ ] has accrued [ ] convictions at the date of his death, with the vast majority of these convictions relating to [ ] offences. While the Tribunal notes that [ ] has an extensive criminal record, there is no suggestion that the applicant was in any way a violent individual, nor was he involved in any organised criminality. Further, the Gardai have advised the Tribunal that [ ] also suffered from poor mental health at the time of the incident.

7. The Tribunal has carefully considered the above convictions and the Garda report outlining the narrative of the incident, [ ] criminal convictions and the comments on [ ] mental health difficulties. Further, the Tribunal is cognisant that there is no evidence to suggest that how the incident started nor is there any evidence to suggest that the offender was in any manner provoked by [ ]. There was no animosity between the parties before the incident. For the foregoing reasons, the Tribunal will not apply paragraph 13 or 14 of the Scheme.

8. Paragraph 6 of the (pre-2021 Scheme) states that “Subject to the limitations and restrictions contained elsewhere in this Scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liabilities Acts”. Therefore, where a claim is made under the Fatal Injury Scheme, the Tribunal must have regard to Section 49 of the Civil Liability Act 1961. While it would be impossible to compensate a family for such a loss, Section 49 of the Civil Liability Act 1961 provides for a modest maximum payment of €35,000 to the surviving dependants in respect of compensation for mental distress resulting from [ ] wrongful death (“solatium”).

9. S 47 of the Civil Liability Act, 1961 defines a “dependent” as including the “wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister” of the deceased.

10. [ ] is survived by five statutory dependants: the applicant and, [ ].

11. [ ] funeral expenses were discharged by [ ]. Fees of €4,469 has been submitted by the applicant in relation to costs arising from a memorial headstone.

12. No further vouched expenses have been provided to the Tribunal.

13. No waivers have been executed by any of the surviving statutory dependants. The Tribunal therefore will make the following awards:

14. The applicant is awarded €21,000 portion of the solatium, plus the vouched headstone expenses of €4,130 to the applicant.

15. [ ] is awarded €4,000

16. [ ] is awarded €4,000.

17. [ ] is awarded €4,000.

18. [ ] is awarded €4,000.

19. The Tribunal makes a total award of €41,130, which is comprised of the following awards:

• applicant – €25,130
• [ ] is awarded €4,000
• [ ] is awarded €4,000
• [ ] is awarded €4,000
• [ ] is awarded €4,000

David Culleton

Criminal Injuries Compensation Tribunal

16 December 2023