50594 (11 November 2022)

File Reference - 50594

Criminal Injuries Compensation Tribunal

Applicant: [ ]

Date of incident: [ ]

Date application received: [ ]

The Applicant submitted that on the [ ] he was assaulted by [ ], and it is alleged that the Applicant received knife wounds to the back of his head and upper torso. The [ ] perpetrators were arrested and in the course of interviews admitted to assaulting the Applicant on the date in question. The Applicant was treated in [ ] Hospital where he sustained a laceration to the back of his skull and upper torso. He received seven stitches to the back of his skull [ ]. The Applicant has four previous convictions all of some antiquity bar a driving offence in [ ]. The [ ] perpetrators were convicted and sentenced but the Applicant received no compensation as a result of the incident. The Applicant’s accountant [ ] & Co submitted to the Tribunal that the Applicant commenced self-employment in early [ ] and as a result of the incident in [ ] his loss of earnings exceed €40,000. The Applicant submitted that the application was received outside the time limit of the Tribunal because he did not know about the Scheme [ ] and sometimes he finds it extremely difficult to concentrate and is very traumatised by what happened and was on medication at the time. The incident occurred in [ ], details from the Department of Social and Family Affairs shows that the Applicant worked for two weeks in the tax year of [ ], for four weeks in the year [ ], and for 38 weeks in the tax year [ ], 52 weeks in the tax year [ ] and 37 weeks in the tax year [ ]. A letter from the Department of Social Welfare shows that the Applicant had 52 self-employment credits for [ ], 52 self-employment credits for [ ] and 11 self-employment credits for [ ]. In circumstances where the Applicant did not submit his balancing statement submitted to the Revenue for 2 years prior to the incident showing the Applicant’s actual earnings it cannot be stated with any certainty what the Applicant’s actual earnings would have been in [ ] had the incident not occurred. The Applicant did not submit any details of social welfare received in [ ] as a result of the incident. In the Circumstances the Tribunal awards €15,000 to the Applicant is respect of lost earnings.

Dated 11 November 2022

Signed: Mema Byrne BL