51557 (7 June 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: 51557

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The applicant is awarded the sum of €660.79 under the Scheme.

1. [ ] (‘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, received by the Tribunal Secretariat on [ ] the applicant stated that he had suffered broken bones in his nose and around his eyes as a consequence of being assaulted at [ ].

3. A Garda Report on file states the facts as reported to the Gardai by the applicant. Further correspondence from the Gardai indicates that CCTV captured the assault. From the foregoing, I am 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.

4. The incident was reported to the Gardaí on [ ], being 6 after the incident thereby meeting the requirement of Para 22 of the Scheme that the matter be reported without delay. Further, the application was made within three months of the incident, meeting the requirements of Para 20 of the Scheme.

5. Accordingly, I admit the application for consideration under the Scheme.

6. While the applicant has little recollection of the incident, other than the aftermath of his wounds being cleaned, it appears that he was punched to the face. The applicant reports that he sought treatment at [ ] Hospital and [ ] Hospital, and that he had to have an operation on [ ]. In the Garda Statement he supplied to the Tribunal, the applicant describes the pain of the injuries.

7. In his application form he indicated that he had been absent from work until [ ]; that he had applied for illness benefit; that he had incurred expenses travelling to [ ] weekly for treatment at a cost of around €40 per trip.

8. The Tribunal may make awards of compensation for expenses that are incurred as a consequence of the injury sustained by a crime of violence. This might cover the cost of treatment or loss of earnings. However the Scheme does not allow the Tribunal to make any award for general pain and suffering caused by the injury: Para 6(e) of the Scheme.

9. The Tribunal also must make its awards on the basis of evidence supplied. In this case, a very small amount of documentary vouching evidence was supplied by the applicant. For example, there is no documentary evidence whatsoever which gives any indication of the sums he might have lost in terms of earnings. The Tribunal is not able to speculate and therefore cannot make an award on this basis. Equally, the Tribunal does not know how many journeys the applicant was required to take for treatment nor are any receipts for bus or taxi supplied. Given this dearth of information no award can be made in respect of these claims.

10. The applicant submitted invoices for the following items:

11. On [ ] the Tribunal Secretariat wrote to the applicant’s solicitor enclosing the Garda report and requesting information on the injuries, their treatment, any prognosis and loss of earnings. On [ ] the Applicant’s solicitor sent a statement which the Applicant had given to the Gardai, but did not give the medical/loss of earnings information sought. On [ ] the Applicant’s solicitors sought an update on the file; on [ ] the Tribunal Secretariat reiterated the request for further information on the injuries and documentation evidencing loss. Nonesuch being forthcoming, it wrote nearly a decade later on [ ] re-sending the above correspondence and indicating that the file would be sent for decision. No response to this letter is on file.

12. As such, the Tribunal is constrained to make an award in the sums evidenced as set out in the table above.

13. The Tribunal awards the sum of €660.79 in compensation for the criminally inflicted injuries sustained by the applicant on [ ].

Tricia Sheehy Skeffington

Member, Criminal Injuries Compensation Tribunal

7 June 2023