51549 (7 October 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: 51549

Date of incident: [ ]

Date received: [ ]

Decision: No award.

1. The applicant, in his application form, states that he was approached by two males while walking through [ ] town by two males and asked for a cigarette. The applicant states that he said ‘no’ and was punched from behind, he states that he fell to the ground and was kicked and punched on the ground. The applicant states that he ran to the garda station and was subsequently brought to hospital by ambulance. The applicant sustained an injury to his eye.

2. The application in this matter was received on [ ], almost five months after the incident.

3. Paragraph 21 of the Scheme provides that “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”.

4. The applicant, at paragraph 2(f) of the application form states in relation to the delay in submitting the application “I was telling a friend of mine what happened to me after xmas and he said I should try and get compensated so I got the number for criminal injuries.”

5. I do not consider that the explanation offered by the applicant in relation to the delay in submitting the application amounts to circumstances that justify exceptional treatment. I do not admit the application for consideration under the Scheme. I make no award.

Signed: Elizabeth Davey

Date: 7 October 2022