Publication
F/54393 (21 August 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: [ ] (F/54393)
Name of deceased: [ ]
Death of death: [ ]
Date of application: [ ] (received by the Tribunal [ ])
Award: Award in the sum of €39,243.80
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The application is made in relation to the death of [ ] (‘the deceased’), who, at the time of his death, was aged [ ] years of age. The deceased died as a result of multiple gunshot wounds in a shooting at [ ].
2. In her application for compensation under the Scheme, the applicant stated that she was the deceased’s partner at the time of his death.
3. There was on file a report from An Garda Síochána, dated [ ]. The report recorded the incident as having occurred on [ ] at [ ] hours. [ ]. The applicant, who was present at the time of the shooting, did not sustain injury. [ ]. Emergency services and Gardaí attended the scene. Unfortunately, the deceased succumbed to his injuries at the scene. [ ].
4. On [ ], an offender, [ ], was convicted of an offence under [ ].
5. The Garda report confirmed that the applicant had no previous convictions. The deceased had three convictions dating back to [ ], [ ] and [ ]. The nature of the deceased’s convictions was not specified.
6. The Tribunal is satisfied, on the evidence, that the deceased’s death was directly attributable to a crime of violence.
7. The Scheme permits applications for compensation by a dependent in circumstances where the deceased has died as a result of a crime of violence. With exceptions which are for present purposes irrelevant, the Scheme awards damages on the basis set out under the Civil Liabilities Acts.
8. In the context of a fatal claim, the term ‘dependent’ is defined by virtue of s47(1) of the Civil Liability Act 1961 (‘the 1961 Act’). The applicant provided the Tribunal with a letter from Very Reverend Fr [ ] PP, dated [ ], which confirmed that the applicant and the deceased shared a home together for [ ] years preceding the deceased’s death. Accordingly, the Tribunal is satisfied, on the basis of the documentary evidence, that the applicant is a dependent within the meaning of that term as defined by the 1961 Act.
9. Paragraph 21 of the Scheme states:
‘Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.’
10. As can be seen, applications under the Scheme are required to be made to the Tribunal by the applicant promptly and, in any event, not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
11. In this case, the applicant in her application form set out the debilitating effects which the deceased’s death had upon her. This was confirmed in a medical report from Dr [ ], the applicant’s GP, dated [ ]. The Tribunal is satisfied that this evidence was such as to amount to circumstances which warranted the exceptional treatment of the application. The Tribunal therefore admitted the application for consideration under the Scheme.
12. At the time of the deceased’s death, the sum fixed by law to compensate dependents who have suffered mental distress as a direct result of a crime of violence was €35,000. This sum is known as solatium.
13. The Tribunal is at liberty to apportion this sum to the dependents as it, in its absolute discretion, considers fair and reasonable. The apportionment of solatium is set out below.
14. The applicant submitted a claim for vouched out-of-pocket expenses (‘OOP’) in respect of the costs of food and drink following the deceased’s death in the sum of €4,124.80. The receipt for that sum, dated [ ], from [ ] is on file. The receipt includes the sum of €2,000 in respect of a ‘Bar Tab’. The Tribunal disallows this sum but awards the remainder in the sum of €2,124.80.
15. There was also an invoice entitled ‘[ ] Family Funeral’, dated [ ], from [ ] in the sum of €2,119 which the Tribunal allows. This sum was submitted by [ ], and should be remitted to her.
16. N/A.
17. The Tribunal awards solatium to the applicant and the deceased’s immediate surviving family.
18. The Tribunal makes the following distribution of solatium:
[ ] (partner): €10,000
[ ]: €10,000
[ ]: €10,000
[ ]: €2,500
[ ] €2,500
19. The Tribunal also awards the following OOP expenses:
Allowed OOP Expenses: €2,124.80
OOP [ ]: €2,119
20. The total award is as follows:
TOTAL: €39,243.80
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
21 August 2023