51003 (27 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: 51003

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable due to the failure to give all reasonable assistance under Article 10 of the Scheme.

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, dated [ ], the applicant (who was born on [ ]) stated that on [ ] he was struck in the mouth by a named assailant, suffering a fractured jaw as a result. A letter from An Garda Síochána dated [ ] confirms that a prosecution was directed by the DPP and that the matter was finalised at [ ] Circuit Court on [ ]. The named assailant pleaded guilty to the assault and he was convicted of Section 3 Assault, and inter alia, directed to pay €500 to the applicant.

3. The applicant outlines in his application form that he suffered a broken jaw.

4. No medical report was submitted to the Tribunal, and no vouchers were supplied in relation to any expenses.

5. The Garda Report confirms that no civil proceedings were taken in relation to the assault on the applicant, and no compensation was paid to him.

6. The Tribunal wrote to the applicant’s solicitor on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.

7. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme, and I find that no compensation is payable to the applicant.

8. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

27 May 2022