51803 (10 May 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: 51803

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The applicant is awarded the sum of €883 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 injuries near the [ ] when he was attacked by a gang in a case of apparent mistaken identity. The applicant states that his [ ] were knocked out, his denture broken and he got bumps to the head.

3. The above facts are recited in the Garda report also, although it details that the applicant’s false teeth were knocked out. 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 the date of 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. 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.

7. Therefore while the Tribunal must acknowledge the distress that being violently attacked must have caused the applicant, it cannot make any award for that distress of itself. It notes in any event that on his application form the applicant stated that he just wanted compensation to get his teeth sorted. The following therefore focuses on the losses sustained by the applicant having to seek out dental treatment.

8. The applicant submitted receipts from his dentist for care in required aftermath of the incident. These were dated [ ] and total €883. It is stated on the Garda Report that the applicant suffered broken ‘false teeth’. The sums in the immediate aftermath for the dental work are clearly allowable expenses.

9. In a letter dated [ ] the applicant stated that the incident caused ongoing dental issues, and he submitted a receipt for a partial chrome denture, dated [ ], and for and other for treatment on [ ]. It is unclear what these issues were, or how these issues were caused by the incident in question. In particular where it appears that it was false teeth that were knocked out in the course of the incident, an underlying issue pre-dating the incident in question may be inferred. Without more, the Tribunal cannot find on the balance of probabilities that these subsequent expenses are attributable to the attack.

10. The applicant also states that he lost two days’ earnings to attend at medical appointments. There is however no indication of what this loss of earnings amounted to, such as document from his employer stating what his losses were. This is consistent with the applicant’s statement that he was solely seeking compensation for dental treatment required.

11. The Tribunal awards the sum of €883 in compensation for the criminally inflicted injuries sustained by the applicant on [ ].

Tricia Sheehy Skeffington

Member, Criminal Injuries Compensation Tribunal

10 May 2023