F54648 (18 November 2023)

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: [ ] on behalf of the dependants of the late [ ].

Application number: F54648

Date of incidents: [ ]

Date of application: [ ]

Decision outcome: [ ]

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on behalf of the dependants of the late [ ]. The applicant is the [ ] mother.

2. On the [ ], [ ] was fatally stabbed [ ] (“offender”). The incident was reported to [ ] Garda Station in [ ].

Late application

3. The application was received over thirteen months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme 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”.

4. The Tribunal has carefully considered the enclosed application and notes the medical report of [ ], which states that the applicant was suffering from PTSD after the death of [ ] and required ant-depressant medication. It is evident from the applicant was not in any fit mental condition to make the application any sooner that she did. For the forgoing reason, the Tribunal finds that this application merits exceptional treatment and will admit this application to the Scheme.

Provocation and conduct

5. Paragraph 13 of the Scheme states that “No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence”.

6. Paragraph 14 of the (pre-2021 Scheme) provides that "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 Gardai have advised the Tribunal that the applicant has accrued [ ] criminal convictions in [ ].

7. The Tribunal has carefully considered the above convictions and the Garda report outlining the narrative leading up to the incident. The Tribunal notes that [ ] had engaged with the offender on a number of occasions throughout the evening [ ]. It appeared that [ ] had an opportunity to go home or leave the matter be, but chose not to do so, rather he chose to confront the offender again at [ ] and it was on this occasion that the matter ended in the fatal stabbing of [ ]. Ultimately, a jury found the offender guilty of murder and not manslaughter. Had the jury found the offender guilty of manslaughter, then the Tribunal would have reduced the level of the award to the dependants. The Tribunal will not apply paragraph 13 or 14 of the Scheme.

8. Paragraph 6 of the (pre-2021 Scheme) states that “Subject to the limitations and restrictions contained elsewhere in this Scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liabilities Acts”. Therefore, where a claim is made under the Fatal Injury Scheme, the Tribunal must have regard to Section 49 of the Civil Liability Act 1961. While it would be impossible to compensate a family for such a loss, Section 49 of the Civil Liability Act 1961 provides for a modest maximum payment of €35,000 to the surviving dependants in respect of compensation for mental distress resulting from her wrongful death (“solatium”).

9. S 47 of the Civil Liability Act, 1961 defines a “dependent” as including the “wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister” of the deceased. The definition of ‘dependant’ also includes any partner that was residing with the applicant for three years previous to the date of death.

10. [ ] is survived by six statutory dependants: [ ]

11. The applicant has also submitted and vouched funeral expenses in the sum of €2,130, refreshment expenses of €2,339. Total vouched expenses amount to €4,469.

12. Other expenses are also refenced such as headstone, suit hire, travel and other out of pocket expenses. These expense have not been vouched and unfortunately the Tribunal cannot make any award in respect of these unvouched expenses.

13. No waivers have been executed by any of the surviving statutory dependants. The Tribunal therefore will make the following awards:

14. The applicant is awarded €5,000 portion of the solatium, plus the vouched funeral expenses of €4,469 to the applicant. These funeral expenses should be repaid to whomever discharged them.

15. [ ] is awarded €5,000

16. [ ] is awarded €15,000.

17. [ ] is awarded €2,500.

18. [ ] is awarded €2,500.

19. [ ] is awarded €5,000.

20. The Tribunal makes a total award of €39,469, which is comprised of the following awards:

• Applicant – €9,469
• [ ] - €5,000
• [ ] - €15,000
• [ ] - €2,500
• [ ] - €2,500
• [ ] - €5,000

21. In relation to the solatium payments made to [ ], it is noted that he is still a minor. Accordingly, the Tribunal must direct that his solatium payment is to be lodged into a Post Office Savings account in the joint names his guardian and the Tribunal and to be retained there until he attains the age of eighteen years.

David Culleton

Criminal Injuries Compensation Tribunal

18 November 2023