23881 (15 July 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: 23881

Date of incident: [ ]

Date of application: [ ] (received by the Tribunal [ ])

Decision outcome: No award.

1. Mr [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application form, the applicant stated that he had suffered injury as a result of being assaulted at [ ], at approximately [ ] hours. In his application form, the applicant stated that he was on his way home, having been out for drinks [ ], when he saw a friend of his further up the road he was on. The applicant ran to catch up with his friend who was walking with his girlfriend. The applicant put his arm around his friend’s girlfriend whereupon his friend jumped on him and [ ].

3. The applicant received in-patient and out-patient treatment at the [ ] Hospital, Dublin for his injuries.

4. A report, dated [ ], from An Garda Síochána was on file. The report confirmed the applicant’s account and stated that he lost [ ] as a result of the assault. The report also confirmed that the offender was sentenced to [ ] years’ imprisonment at the Circuit Court for assault causing harm. The report also confirmed that on [ ], the offender handed Gardaí €2,500 to be paid to the applicant as compensation.

5. The applicant’s [ ] Hospital notes in relation to the incident were also on file. A letter, dated [ ], from a plastic surgeon who saw the applicant an out-patients’ appointment to his GP confirmed the nature of the injury. The letter recorded that the applicant would consider whether he wished to undergo reconstructive surgery.

6. The applicant’s application for compensation was received by the Tribunal on [ ].

7. Paragraph 21 of the Scheme states:

‘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.’

8. 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.

9. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was received by the Tribunal on [ ]. As such, it was lodged in accordance with paragraph 21 of the Scheme.

10. Having regard to the nature of the evidence contained on file, the Tribunal was satisfied that the applicant sustained personal injury which was directly attributable to a crime of violence.

11. There was an invoice for the [ ] Hospital notes in the sum of €90. There was no confirmation that this sum had been paid by the applicant. There was no other vouching documentation in respect of material loss.

12. The Tribunal determined that the applicant had failed to adduce evidence of loss which was compensatable under the Scheme. Even if the applicant had produced such evidence, the Tribunal would have kept in mind paragraph 15 of the Scheme which requires a deduction from the amount of any award made having regard to the amount of compensation paid to the applicant by the offender following the injury. In this case that sum would have been €2,500.

13. Accordingly, the Tribunal makes no award in respect of this application.

14. NA

15. NA

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

15 July 2022