Publication
F/53546 (10 May 2022)
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: [ ]
Application number: F53546
Date of incident: [ ]
Date received: [ ]
Decision: Award of €40,780
The applicant has applied to the tribunal in relation to the death of her son in or around the [ ]. The garda report details that on [ ] the gardaí received a telephone call from [ ] of the house the deceased was [ ]. [ ] told the gardaí he was outside the house and that he could see a body on the floor. The gardaí arrived and discovered the body of Mr. [ ] on the [ ] floor. The ambulance personnel checked for signs of life but none were present. [ ] pronounced death at [ ] hours.
Dr. [ ], [ ], carried out a post mortem and established that the cause of death was traumatic brain injury [ ].
The garda investigation established that Mr. [ ] died as a result of a violent assault on the night of [ ]. There has been no prosecution to date.
The application was received by the tribunal on [ ], some 14 months after the death occurred. Paragraph 21 of the Scheme provides that “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.”
There is a letter dated [ ] from Dr. [ ], General Practitioner, on the file. The letter sets out that both the applicant and her husband have been suffering from great distress and anguish since the discovery of their son’s body and this has failed to settle. Both Mr. and Mrs. [ ] were on medication to help them with their distress and insomnia.
I consider that the circumstances in this matter justify exceptional treatment and I admit the application for consideration.
I am satisfied from the garda report and the death certificate for Mr. [ ] that he died directly as a result of a crime of violence and I admit the application for consideration under the Scheme. The gardaí do not believe that the deceased was involved in criminality at the time of his death and I am satisfied that his previous convictions were of a very minor nature.
The applicant has submitted the following receipts:
7 x receipts from [ ] Council for payment in installments of the sum of €1,000 for the grave plot
Funeral suit rental from Mr. [ ] totaling €260
[ ] Memorials – headstone €2,200
[ ] Funeral Directors - €4,320 (less €2,000 grant from Community Welfare Officer) = €2,320
Mr. [ ], deceased, did not [ ]. Under the Civil Liability Act 1961 his dependents are as follows:
[ ] [ ] d.o.b [ ]
[ ] [ ] d.o.b [ ]
[ ] [ ] d.o.b [ ]
[ ] [ ] d.o.b [ ]
[ ] [ ] d.o.b [ ]
The applicant and her family suffered a most devastating loss with the death of Mr. [ ] in such tragic and brutal circumstances. My sincere condolences are with the family.
I am satisfied that the application comes within the Scheme and I award as follows: €5,780 for vouched expenses. This figure takes into account the €2,000 grant provided by the Community Welfare Officer.
In relation to solatium, I award €1,000 each to [ ], [ ] and [ ]. I award €16,000 each to Mr. and Mrs. [ ] for their mental distress. This makes a total of €35,000, the maximum solatium permissible under S.I. No. 6 of 2014. I do not award any solatium to [ ] as she is not a dependent under the Civil Liability Act 1961.
The total award in this matter is €40,780.
Signed: Elizabeth Davey
Date: 10 May 2022