50606 (24 March 2023)

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: 50606

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. On the [ ], the applicant’s daughter’s car was hijacked by [ ]. (“offenders”). During the course of the hijack, the applicant was dragged from the car by one of the offenders.

3. The applicant sustained severe bruising and injuries to the ligaments in her right arm together with cuts to her knees. She received treatment in the [ ] County Hospital. The applicant was also psychologically traumatised by the incident.

4. It is understood that the offenders were apprehended and charged in [ ] with numerous offences. It is unknown if they were prosecuted.

5. The applicant has not put forward any out-of-pocket expenses.

6. The Tribunal has no doubt that the applicant was the victim of a vicious assault and terrifying ordeal. Further, the Tribunal has no doubt that the applicant sustained significant physical injuries and psychological injuries that that will no doubt continue to have a profound and indefinite effect on her well-being. However, the Tribunal can only award out-of-pocket expenses only. It has no power to award compensation for pain and suffering. If the Tribunal had the power to award such damages, the applicant would be a wholly deserving candidate.

7. In circumstances where the applicant has not provided the Tribunal with any out-of-pocket expenses, it is with the greatest of regret that the Tribunal can therefore make no award to the applicant.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

24 March 2023