Publication
52473 (21 November 2019)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Claim Reference: 52473
Applicant: [ ] (Deceased)
Date of Incident: [ ]
Date Tribunal notified: [ ]
The Applicant is the partner of the Deceased. The Deceased went missing on the [ ] [ ] and his body was discovered [ ] on the [ ]. The Deceased had been shot [ ]. A person was subsequently convicted of the murder of the Deceased. However, no compensation was paid to the Applicant. A report from Detective Sergeant [ ] states that the Deceased had 41 convictions and was killed as a result of his involvement in gangland related activity (drugs). Article 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."
In this instance, the Garda report is definitive that the Deceased died as a direct result of his involvement with gangland crime. In the circumstances the Tribunal finds that pursuant to Article 14 no compensation is payable due to the conduct of the victim and his way of life. The Tribunal makes no award in this instance having regard to the Deceased's conduct, character and way of life.
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Dated: 21 November 2019