23750 (20 May 2022)

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: [ ]

Application number: 23750

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award

1. [ ] ("the Applicant") has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted ('the Scheme').

2. In his application for compensation under the Scheme received on the [ ]. The Applicant states that he suffered injuries as a result of a crime of violence which occurred on the [ ]. The Applicant states that the incident occurred at [ ], [ ], [ ] at [ ] on the [ ]. The Applicant states that he had been out with a friend and was making his way to a [ ] when he was suddenly assaulted. Garda [ ] of [ ] Garda Station reports that at [ ] on the [ ] he attended at the [ ] on [ ], [ ]. The Applicant identified himself to An Garda Siochana as the injured party and An Garda Siochana noted a deep laceration to the [ ] of the Applicant's [ ]. The Applicant reported being struck while exiting the [ ] with a steel bar and a file was sent to the D.P.P.

3. It is accepted that the Applicant sustained an injured in the course of an assault on the occasion as outlined. It is the case however that claims in respect of incidents which occurred on or after the 1st of April 1986 will not receive compensation in respect of pain and suffering. Compensation is payable only in respect of out of pocket expenses such as loss of earnings, reasonable travelling expenses, reasonable medical and dental expenses, and if not recoverable, medication and such consequential costs.

4. No vouching documentation has been submitted in respect of out of pocket expenses and no claim for loss of earnings has been made. In these circumstances no award is made pursuant to the terms of this Scheme.

Georgina Robinson

Criminal Injuries Compensation Tribunal

20 May 2022