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Dependents of criminal not entitled to State compensation over shooting, High Court rules

Summary

The High Court has dismissed a judicial review application brought by Eddie Cunningham Cummins and Erica Cunningham Cummins, residents of Heron's Wood, Carrigaline, Co Cork. The applicants challenged the Criminal Injuries Compensation Tribunal's refusal to compensate them for the 2005 shooting death of their father, Eddie Cummins Senior, in Ballincollig, Co Cork. Ms Justice Mary Rose Gearty ruled that the Tribunal was correct in its decision, finding it not disproportionate or discriminatory to deny compensation to dependants where the victim died as a result of their criminality. The court noted that Mr Cummins Senior had over 20 convictions, including for drug offences, and that the killing was believed to be drug-related. Although the judge expressed sympathy for the "blameless children," she held that the State's policy of deterring crime justified the refusal. The Tribunal had previously rejected the 2011 application due to time limits and the victim's conduct, a decision upheld on appeal in 2022. The applicants sought to quash the Tribunal's decision and obtain declarations that it was irrational or breached their rights. The court found that the applicants failed to establish that the Tribunal acted outside its powers, fettered its discretion, or made an unreasonable decision. No one has been prosecuted for the murder.

Who, what, where, when and why

What: Report matter: Dependents of criminal not entitled to State compensation over shooting, High Court rules. Procedural stage: trial

When:

• August 13, 2005 Incident
• July 2022 Other
• 2024-03-14 Publication

Why: It refused the applications because were made outside of the required time limit of two years and three months after the violent incident and because Mr Cummins Snr had 27 previous convictions. CNI source report

Case subjects

Places mentioned

Topics

Drugs Stage Trial Violent Crime

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Read the original CNI report