F54716 (20 December 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: F54716

Date of incidents: [ ]

Date of application: [ ]

Decision outcome: €40,973.31

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 [ ] daughter.

2. On the [ ], the body of the late [ ] was found [ ] on the grounds of [ ]. He had been killed by [ ] (“the offender”) for reasons unknown.

3. [ ] He was prosecuted for murder and sentenced to life in prison.

Late application

4. The application was received almost 11 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”. The applicant explained that she was in and out of hospital [ ]. She also explained that her mental health had suffered significantly since the date of her father’s death. The Tribunal has carefully considered the application and the reasons put forward and finds that the applicant was in no fit mental condition to progress the application and sooner than she did. The manner of her [ ] can only be described as being shocking and barbaric in nature and obviously extremely traumatising and distressing to the applicant and the late [ ] family. For the forgoing reasons, the Tribunal finds that the circumstance of this late application merits exceptional treatment and will admit this application to the Scheme.

Conduct and way of life

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."

7. The Gardai advised the Tribunal that [ ] has accrued [ ] convictions at the date of his death, with [ ] of these convictions relating to public order offences. Tragically, the late [ ] problems during his life. The Tribunal also notes that none of the convictions incurred related to violent behaviour nor was [ ] involved in any organised criminality.

8. The Tribunal has carefully considered the above convictions and the Garda report outlining the narrative of the incident, [ ] criminal convictions. Further, the Tribunal is cognisant that there is no evidence to suggest to suggest that the offender was in any manner provoked by [ ]. For the foregoing reasons, the Tribunal will not apply paragraph 13 or 14 of the Scheme.

9. 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 tragic 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 [ ] wrongful death (“solatium”).

10. 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.

11. [ ] is survived by seven statutory dependants: his children: the applicant, [ ] and siblings: [ ].

12. [ ] and [ ] have waived their rights to share in the solatium.

13. [ ] funeral expenses are vouched in the sum of €7,872.11. A bereavement grant of €2,500 was received by the family. This leaves a net funeral expense of €5,372.11.

14. The applicant’s parking fees accumulated during the criminal trial amounted to €194.20. However, only €61.20 of these fees have been vouched.

15. [ ] incurred €540 in vouched medical expenses for anti-depressant medications as a consequence of suffering mental trauma after the death of her father.

16. Headstone inscription expenses of €300 have been claimed but are not vouched. No award can be made in respect of unvouched expenses.

17. The applicant is awarded €11,000 portion of the solatium, plus the vouched net funeral expenses of €5,372.11, plus €61.20 in respect of her vouched parking fees. The funeral expenses should be reimbursed by the applicant to whomever discharged or contributed to them.

18. [ ] is awarded €11,000 plus €540 in vouched medical expenses.

19. [ ] is awarded €11,000.

20. [ ] is awarded €1,000.

21. [ ] is awarded €1,000.

22. The Tribunal makes a total award of €40,973.31, which is comprised of the following awards:

• applicant – €16,433,31
• [ ] is awarded €11,540
• [ ] is awarded €11,000
• [ ] is awarded €1,000
• [ ] is awarded €1,000

David Culleton

Criminal Injuries Compensation Tribunal

20 December 2023