52910 (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: 52910

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The applicant is awarded the sum of €390 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’s secretariat on [ ], the applicant stated that he sustained two chipped teeth, a fractured nose and facial bruising on [ ] in an unprovoked attack on [ ] in [ ]. He submitted a statement made to the gardai in respect of the incident and receipts for treatment.

3. 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 the night 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. There is no claim for loss of earnings in this case. The Tribunal acknowledges and finds compelling the evidence on file submitted both by the applicant and his mother that the incident was traumatic and caused the applicant to lose confidence, particularly in socialising. The Scheme however does not permit the Tribunal to award compensation for this, as it is general pain and suffering rather than particular expenses. The Tribunal would like to express its sympathy to the applicant for having to have endured a traumatic criminal assault.

8. The applicant submitted evidence of payment for the following items:

Emergency Department invoice, [ ] €100

Dental Treatment receipt, [ ] €140

ENT surgeon consultation, [ ] €150

Each of these items were necessary expenses arising from the need to treat the criminally sustained injury. €390 is awarded in respect of these items.

12. The Tribunal awards the sum of €390 in compensation for the criminally inflicted injuries sustained by the applicant on [ ].

Tricia Sheehy Skeffington

Member, Criminal Injuries Compensation Tribunal

10 May 2023