Publication
F/53762 (13 February 2024)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: [ ] in respect of [ ]
Application number: #F/53762
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Award of €35,000
1. Ms. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) in relation to a fatal injury to her partner, [ ].
2. The application for compensation under the Scheme was signed and dated [ ] and received on [ ].
3. A report from Detective Garda [ ] dated [ ] stated that [ ] had been murdered on [ ] by [ ]. [ ] had subsequently been convicted of his murder which was for financial gain. [ ] had no criminal history.
4. Ms. [ ] had been the deceased’s partner for [ ] years and they had a son [ ], who was born on [ ].
5. While the application was not made within three months, the horrendous nature of the crime coupled with the complete turmoil that Ms. [ ] and her son experienced, referred to in the application, are circumstances that justify exceptional treatment under para. 21 of the Scheme, and as such I admit the application for consideration.
6. It is clear that the applicant suffered a crime of violence. I therefore admit the application for consideration under the Scheme.
7. The narrative on the case file and the application form indicates that the Mr. [ ] last employer had been in [ ] before he had returned to Ireland. Although it was stated in the application form that there had been various medical expenses and that the headstone for the grave had not been obtained yet, there were no receipts or quotations received that can justify an award of money.
8. In addition, it was indicated that items in the home were damaged during the investigation into Mr. [ ] murder, no receipts for any replacement items were provided.
9. It was indicated that the home that Mr. [ ] shared with Ms. [ ] was co-owned by them and it was indicated that Mr. [ ] share was left by him to Ms. [ ]. The mortgage on the property was over [ ] in [ ]. Ms. [ ] struggled to maintain payments on the mortgage which apparently was not covered by an indemnity policy after the death of Mr. [ ] in [ ], but ultimately restructured the mortgage and completed a personal insolvency arrangement in [ ]. It therefore appears that Ms. [ ] is the sole owner of the property and is not out of pocket in relation to this.
10. In conclusion in relation to out-of-pocket expenses, and given that Ms. [ ] appears to have inherited Mr. [ ] interest in the family home, in the absence of any supporting documentation the Tribunal is not in a position to award any monies in this respect.
11. Where the victim of a crime dies due to injuries inflected upon them, their statutory dependants are entitled to make a claim for a payment for mental distress known as solatium. For deaths that occur from 11 January 2014 (1) solatium is capped in law at €35,000. Statutory dependants are listed in Section 47 of the Civil Liability Act 1961, as amended. The Scheme, pursuant to paragraph 6 (e) also allows for solatium to be claimed.
(1) Pursuant to section 49 (1A)(b) of the Civil Liability Act, 1961, as inserted by Section 2 (1)(b) of the Civil Liability (Amendment) Act, 1996. See also SI 6 of 2014.
12. In the instant case, the Tribunal has been told that the only dependants are: [ ], partner; [ ], son. It is apparent that Ms. [ ] had been cohabiting with Mr. [ ] within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 for a continuous period of not less than three years.
13. The Tribunal awards the solatium to the following persons and on the following basis:
To: [ ] - €15,000 (the Applicant)
[ ] - €20,000 to be invested by the Tribunal until the Minor attains the age of 18 years.
Total Award: €35,000
The Tribunal acknowledges the grief, upset and distress suffered by the Applicant and her son on the untimely death in horrendous circumstances of [ ]. The Tribunal wishes the Applicant and her family well into the future.
Roderick Maguire
Criminal Injuries Compensation Tribunal
13 February 2024