51948 (20 November 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: 51948

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused under paragraph 1 of 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 on the [ ], the Applicant stated that he was assaulted outside [ ] on the [ ]. The Appellant said he suffered suspected damage to the eye socket, bruising and a broken nose. There is no medical report on file.

3. The Applicant has submitted a number of out-of-pocket medical expenses and a letter in relation to loss of earnings which he claims are due to the alleged assault.

4. Paragraph 21 states 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’.

5. It is noted that the Applicant made his application within the required three-month period and, therefore, he can be admitted to the scheme.

6. There is a Garda Report on file dated the [ ]. It refers to an alleged assault taking place outside of [ ] on the [ ]. Garda [ ] went to the scene and investigated the incident. The report states that the Applicant became involved in an altercation with a security guard when he was refused entry to the venue. The Applicant has three previous convictions for public order and road traffic offences. The matter was investigated, and no proceedings were taken against any person in relation to the alleged assault.

7. Paragraph 1 of the scheme compensates people who have been the victim of a crime of violence. The Garda Report which was submitted does not state that the Applicant was the victim of a crime of violence. In fact, an investigation was carried out and no one was prosecuted for the alleged assault. Given the evidence before the Tribunal, it cannot be said that the Applicant in this case was the victim of a crime of violence, particularly in circumstances where the Gardaí investigated the incident and chose not to prosecute the alleged perpetrator.

8. As there is no evidence of the crime of violence, the Applicant’s case must fail at this juncture.

Majella Twomey

Criminal Injuries Compensation Tribunal

20 November 2022