F54879 (4 June 2024)

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: [ ] in respect of [ ] (Deceased)

Application number: F54879

Date of death: [ ]

Date of application: [ ]

Decision outcome: Award in the sum of €40,136.25

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The application is made in relation to the death of her brother, [ ] (the deceased’), who at the time of his death was aged [ ] years of age. The incident in respect of which the deceased died and in respect of which this application is made occurred on [ ] in the vicinity of [ ]. The deceased as a result of multiple stab wounds by a person unknown to the applicant and whom the Tribunal denotes as D. The applicant makes a claim under the Scheme on her own behalf and on behalf of [ ]. The necessary proofs for that purpose were contained on file.

2. The report from An Garda Síochána, dated [ ], states that the deceased was stabbed [ ]. An argument between D and the deceased ensued, in the course of which, D produced a sharp object which he used to stab the deceased multiple times. Emergency services were tasked, however, the deceased died at the scene as a result of his injuries. D was arrested and prosecuted for the deceased’s murder. D was convicted of the deceased’s murder on [ ] and sentenced to [ ] imprisonment on [ ].

3. The deceased had no criminal record.

4. Paragraph 21 of the Scheme provides:

‘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.’

5. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.

6. The applicant’s application for compensation was not made until [ ] and not received by the Tribunal until [ ]. As such, the application was submitted 16 months after the three-month time limit, as provided by paragraph 21, had expired.

7. The Tribunal is therefore required to consider whether the circumstances, which resulted in the application being submitted outside the three-month time limit, can be said to justify exceptional treatment. The Tribunal has had the benefit of a statement made by the applicant setting out the difficult circumstances which she and her family have had to endure following the deceased’s death. It is clear to the Tribunal that the deceased was a much loved son and brother whose passing in these violent circumstances has had a lasting detrimental impact on the applicant and the family.

8. The Tribunal, having regard to all the circumstances, which included the applicant’s letter, considered that the circumstances set out were such as to warrant exceptional treatment. The Tribunal, accordingly, admits the application for consideration under the Scheme in accordance with paragraph 21 of the Scheme.

9. The evidence on file establishes, to the requisite standard, that the deceased was the innocent victim of a violent incident which resulted in his death. The Tribunal is satisfied that the applicant sustained injury which was directly attributable to a crime of violence.

10. The Tribunal awards solatium as provided for by statute in the sum of €35,000 which it divides equally between the applicant, [ ] and the deceased’s parents. Each is therefore awarded €8,750.

11. In addition, the Tribunal awards vouched funeral expenses as set out on file in the sum of €5,136.25 – this is made up as follows:

a. [ ] Funeral Home Invoice dated [ ] – €3,150;

b. [ ] Invoice dated [ ] – €1,986.25.

12. NA.

13. The Tribunal makes a total award in the sum of €40,136.25.

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

4 June 2024