Publication
51935 (21 March 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application number: 51935
Name of applicant: [ ]
Name of deceased: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: Award of €29,394.76
The Applicant applied to the Tribunal on behalf of the statutory dependents of her late sister, [ ]. [ ] was the victim of a crime of violence which occurred on the night of the [ ] at [ ] resulting in her death. [ ].
The fatal crime in this case was self-reported by [ ] at [ ] Garda Station and investigated by Detective Branch of An Garda Siochana at [ ]. [ ] was charged with the murder of [ ] and subsequently pleaded guilty to her murder at the Central Criminal Court. [ ] received the mandatory sentence of life imprisonment. Neither the Applicant, nor any other dependent, has received any payment of compensation at any time.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. In addition to out-of-pocket expenses, the Tribunal may make payment by way of solatium to the dependents of a deceased person in cases involving fatal incidents. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states 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”. In this case, the application was received on the [ ], which was outside the specified period of three months. However, this Tribunal Member notes the serious trauma caused to this family as a result of the tragic and unexpected loss of [ ] in such a terrible way and is fully satisfied that the circumstances of this particular case justify exceptional treatment such that Paragraph 21 is satisfied.
Dependents are defined in Section 47 of the Civil Liability Act 1961 as amended.
The Tribunal notes the surviving qualifying statutory dependents in this case as follows:
[ ] ([ ])
[ ] ([ ])
[ ] ([ ])
[ ] ([ ])
[ ] ([ ])
The Application indicates that the dependents incurred Funeral Expenses of €6,500 and cost of refreshments of €200. However, these amounts are not vouched as normally required. It is also unclear whether a bereavement or funeral grant was received towards the funeral expenses.
In addition, the Tribunal may award solatium, the applicable amount of which at the date of death of the deceased was the sum of €25,394.76 (IR£20,000).
[ ] was tragically killed on the [ ]. The perpetrator, [ ], was prosecuted and convicted of her murder. The incident was clearly a crime of violence resulting in fatal injury and qualifies for consideration of an award under the General Scheme.
This Tribunal Member awards the sum of €25,394.76 by way of solatium. This Member notes that the funeral account has not been vouched, but accepts that a substantial cost arose and that significant time has elapsed. This Member determines than an appropriate amount to allow in the circumstances is €4,000. The total award is therefore €29,394.76.
Accordingly, the Tribunal makes the following awards in accordance with the scheme:
[ ] - €5,878.95
[ ] - €5,878.95
[ ] - €5,878.95
[ ] - €5,878.95
[ ] - €5,878.95
Total Award - €29,394.76
Dated the 4th day of March 2023.
Cathal Lombard
Tribunal Member
Following the issuing of this decision correspondence was received from the Applicant advising that [ ] passed away on the [ ] and was therefore deceased when this decision issued. In those circumstances, whereby the Tribunal was not made aware of this material fact at the time of the decision, this Tribunal Member confirms the award of €29,394.76 as outlined above and directs that this award be distributed equally between the surviving statutory dependents of [ ] as follows:
[ ] - €7,348.69
[ ] - €7,348.69
[ ] - €7,348.69
[ ] - €7,348.69
Total Award - €29,394.76
Dated the 21st day of March 2023.
Cathal Lombard
Tribunal Member