Publication
F/52553 (13 May 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
File ref: F/52553
Name of Applicant: [ ] (mother of Deceased)
Name of Deceased: [ ]
Date of Death: [ ]
Application Form: [ ]
Received by the Tribunal: [ ]
On the [ ] responded to a report of a [ ] at [ ]. The [ ] discovered the remains of [ ] in this [ ] one of whom was the Deceased [ ]. Following a subsequent post mortem examination, a murder investigation was commenced and culminated in the conviction of [ ] for the murder. He was sentenced on the [ ] to life imprisonment.
This application was made outside the three month time limit. However, given the Garda investigation which was ongoing at the time of the first Garda Report of the [ ] [ ], the Tribunal will extend the time for making the within application up to the date the application was received on the [ ].
Article 14 of the Scheme provides as follows:
"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."
The Garda Report in this case gives particulars of the criminal record of the Deceased as having 37 previous convictions, ranging from assault causing harm, robbery, theft, endangerment, criminal damage, possession of certain articles, unauthorised taking, public order and road traffic offences. Printouts of the full list of previous convictions aforesaid demonstrate that most of the offences received prison sentences ranging from four years down to two months.
A letter has been furnished from the Probation Service dated [ ] which indicates the Deceased was in prison from [ ] until his temporary release in [ ]. His most recent recorded offence is the [ ] approximately ten days following his temporary release. While the Probation Officer indicates that the Deceased appeared to be making progress whilst under the supervision of the Probation Services, in the opinion of the Tribunal the Probation report does not outweigh the significant serious offences committed by the Deceased. In the circumstances Article 14 of the Scheme will apply and the Tribunal therefore declines to make any award in this case.
Dated the 13 day of May 2020
Signed [ ]