53085 (12 April 2023)

Criminal Injuries Compensation Tribunal

Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme

Single Member Decision

Application of [ ]

Application number: 53085

Name of applicant: [ ]

Date of incident: [ ]

Date application received: [ ]

Decision: No award

The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was subjected to an assault by two named individuals and sustained personal injury.

The Applicant states that he sustained a fractured zygoma bilaterally, an eye injury and injury to his neck/throat. The Applicant received medical treatment at [ ] Hospital where he came under the care of Mr. [ ], Consultant Plastic Surgeron, and he also attended with his G.P.

The incident in this case was reported to An Garda Siochana in [ ] immediately after its occurrence. The Applicant subsequently made a formal statement of complaint and the incident was investigated by Garda [ ]. Criminal proceedings were pending at the time of the application. The Applicant had not received any payment of compensation.

The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.

Paragraph 21 of the General Scheme (pre-April 2021) 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”. In this case, the application was received on the [ ] and was within time.

The Applicant states in the application form that he had been “in college up to recently” and states that his occupation was [ ]. He states that he was absent from work following the incident, however no particulars of any loss of earnings claim is set out and no claim is vouched. In respect of a certificate of loss of earnings from his employer he stated “not to hand” and no such document has been received since.

No other loss has been identified in the application form, or subsequently, and no vouchers for any out-of-pocket expense have been received at any time.

The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] when he sustained personal injury.

This Tribunal Member notes that no out-of-pocket expense or loss has been particularised or vouched at any time. The Tribunal has no power to award general damages for injuries sustained.

In the circumstances, the Tribunal makes no award.

Dated the 12th day of April 2023.

Cathal Lombard

Tribunal Member