50787 (13 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: 50787

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Not admitted under the Scheme as failure by the applicant to establish that the injury is directly attributable to a crime of violence.

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 for compensation under the Scheme, signed and dated [ ], it is stated that the applicant was sitting on a sofa at 3.30 in the morning when another man entered the house in an agitated state and attacked the applicant, cutting his right leg. He slashed at the applicant twice and left the house. The applicant was brought to hospital by ambulance where he received stitches and was discharged. The Applicant said he and a witness gave a statement and that the matter was under investigation. He attended his GP six times, but had a medical card. The Applicant was not working at the time of the assault but his injury made it more difficult to seek work, and he calculated that he had a loss of earnings on that basis. The Applicant indicated that he had travel expenses of approximately €100 but had no vouchers.

3. The Tribunal sought a Garda report but none was provided. By letter dated [ ], the Tribunal wrote to the solicitors for the Applicant stating that a written explanation of the reason why the application was made more than three months after the incident would be sought, and also seeking documentation to support the loss of earnings claim. No response to this letter was received.

4. By further letter dated [ ], the Tribunal wrote to the Applicant’s solicitors, asking them to inform the Tribunal whether the Applicant wished to pursue the application, and stated that if so to furnish all documents previously requested. The letter stated that if there was no response by [ ], the file would be sent for a decision. No response was received.

5. The Scheme provides at paragraph 1 that it applies to situations where:

“the injury is directly attributable to a crime of violence…”

6. I am not satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. No supporting factual or medical documentation outlining the nature of the injuries suffered was submitted. Accordingly, I do not admit the application for consideration under the Scheme.

7. Further, even if I were to admit the application for consideration the Scheme, the Scheme provides at paragraph 10 (previously para. 11) as follows:

8. provides at paragraph 10 (previously para. 11) as follows:

“10. No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”

9. From the foregoing lack of correspondence since [ ], and in particular the lack of reply to the letter of [ ], I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.

10. The Applicant has not established that he was the victim of a crime of violence. Accordingly, I do not admit the application for consideration under the Scheme.

11. Even if the application were admitted for consideration under the Scheme, the applicant has not provided documents as required in relation to his claim and has not replied to correspondence in relation to same. Therefore I further find that he has not given all reasonable assistance to the Tribunal as required.

Roderick Maguire

Member, Criminal Injuries Compensation Tribunal

13 May 2022