Foilsiú
50752 (13 May 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: [ ]
Name of deceased: [ ]
Death of death: [ ]
Application number: 50752
Date of application: [ ]
Claim on behalf of: [ ]**
[ ]
[ ]
[ ]
[ ]
Decision outcome: No compensation can be awarded by virtue of Paragraph 10 of the Scheme (the victim and offender lived in the same household at the time of the incident giving rise to the injuries).
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The completed application was received by the Tribunal on [ ].
2. The applicant is the wife of [ ] (hereafter ‘the deceased’) who died on [ ] as a result a domestic incident. The claim is made under paragraph 3(c) of the Scheme, which allows dependents of a person who has died as a result of injuries criminally inflicted to claim compensation.
3. The Garda report on file [ ] states that the deceased died in his home from injuries from [ ] wounds inflicted on him by [ ], who resided in the same house. [ ] was found [ ] after a jury trial on [ ].
4. On [ ] the Tribunal Secretariat wrote to the Applicant’s solicitor drawing attention to Paragraph 10 of the Scheme in operation at the time material to this application. It states that no compensation is payable where the offender and the victim were living together as members of the same household at the time the injuries were inflicted. The Tribunal Secretariat sought comment from the applicant on this exclusionary provision. No response to this letter is on file.
5. On [ ] the Tribunal Secretariat again wrote to the applicant’s solicitor. It sought confirmation, on or before [ ] as to whether the applicant wished to pursue the claim, and it also attached the previous letter of [ ]. No response was received.
6. In this case, the uncontested statement of the Gardaí was that the victim and the offender lived in the same house at the time that the incident occurred. In the circumstances, by operation of paragraph 10, this case unfortunately falls into one of the exclusions from the Scheme and no compensation can be awarded.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
13 May 2022