52334 (29 July 2024)

Criminal Injuries Compensation Tribunal

In the matter of an application under the scheme of compensation for personal injuries criminally inflicted

Decision of the single member

Name of applicant: [ ]

Application number: 52334

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The Applicant was awarded the sum of €3,475 under the scheme.

1. [ ] has made a claim for compensation under the scheme for compensation for personal injuries criminally inflicted (“the scheme”).

2. In his application for compensation under the scheme dated the [ ] and received by the Tribunal on the [ ], the Applicant stated that he had suffered injuries in circumstances where he had attended the [ ]. He was playing [ ] with [ ] players, one of whom took exception to what was being said by the Applicant and, without warning, hit him in the face knocking him off his chair on to the floor. The Applicant’s memory of what happened thereafter is hazy given the nature of the injuries suffered but it appears that he was knocked unconscious and that his chair was used to hit him. The Applicant was brought to hospital and detained there for some time.

3. Applications must be made as soon as is reasonably possible in the normal course within a period of three months from the date of the incident. No issue arises in respect of the Applicant’s application in this instance.

4. From the foregoing it is clear that the Applicant was a victim of a crime of violence. Furthermore from the details received from Garda [ ] in her report to the Tribunal dated the [ ] it is apparent that the incident was reported to the Gardai, and the Gardai acted upon the complaint, apprehended the alleged perpetrator and proceeding to prosecute him for an offence under S.3 of the Non-Fatal Offences against the Person Act of 1997, being assault causing harm. The report received from Garda [ ] does not record whether or not a conviction was ultimately obtained but for the purposes of the scheme it is clear that the Applicant has established on the balance of probabilities that he was the victim of a crime of violence and sustained personal injury, which was directly attributable to that crime of violence. Accordingly I admit the application for consideration under the scheme.

5. The nature of the injuries suffered by [ ] seem quite profound. Whilst no medical report has been provided, which is an omission the Tribunal can and does accept given the nature of the assault, that injuries as complained of by the Applicant are likely to have occurred and the tribunal is willing to accept that in this instance despite the absence of a medical report. The Applicant complains of three broken bones in his face necessitating the insertion of two metal plates in his face with long term nerve damage on the [ ] side and three in patient stays in hospital.

6. Furthermore the Applicant complains of being required to be absent from work from the date of this incident in [ ] up until the [ ]. The Applicant is a self-employed man and was required to retain replacement staff to fill his role in his absence in [ ]. The Applicant claims for medical charges in the sum of €135, medication expenses in the sum of €100, 6 taxi fares to [ ] Hospital at a cost of €40 per round trip, totalling €240 and a rough cost for a replacement employee over the period of time that he was absent from work in the sum of €3,000. The Tribunal perceives these claims to be reasonable.

7. Paragraph 13 of the scheme provides for a reduction of an award or making of no award at all if the Applicant was responsible in some manner, for the injuries for which he sustained. The banter being entered into by [ ] could never be perceived as provocation for the assault the Applicant was subjected to. In the circumstances the Applicant was the innocent victim in this matter. I am satisfied that paragraph 13 has no application. Paragraph 14 of the scheme permits the withholding or refusal of compensation having regard to an Applicant’s criminal record, or character or way of life. Nothing of this nature arises in this claim and paragraph 14 has no application to this claim.

8. In all of the circumstances pertaining the Tribunal makes an award of €3,475 in this claim.

Damian Sheridan B.L.

Criminal Injuries Compensation Tribunal

29 July 2024