53223 (29 March 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

(1) The Scheme in being at the time of the application.

Name of applicant: [ ]

Application number: #53223

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award

[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

The Applicant’s claim is that he was assaulted in an unprovoked attack by a person known to him at [ ] on [ ] and as a result he sustained personal injuries which required [ ] stitches to his upper lip.

The Applicant reported the incident to the Gardaí at [ ] Garda Station on [ ]. The Gardaí have confirmed that the Applicant’s assailant was convicted for a section 3 (Non-Fatal Offences Against the Person Act, 1997) assault and also that €1,500 compensation had been paid to the Applicant by his assailant.

This application was received by the Tribunal on [ ], which was over one year and three months after the incident the subject matter of this application. At the time of submitting his application the Applicant claimed that he was still suffering as a result of his injuries including “Self esteem, depression, anxiety panic attacks psychological trauma, nightmares, not to mention permanent scar to my face, upper right lip. Distressing!!!”

Upon receipt of this application the Tribunal wrote to the Applicant and set out the information it required from him in order to process and consider his claim. The Tribunal received no response to this request.

The Tribunal wrote most recently to the Applicant on [ ] and enquired as to whether he still wished to pursue his claim, and if so, to inform the Tribunal as such, by [ ]. The Tribunal received no response.

Paragraph 11 of the Scheme states:

“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”

Also, pursuant to paragraph 26 of the Scheme, it is for an applicant to establish their claim.

In the opinion of the Tribunal, it is not necessary to address the issue of delay in submission of this application by the Applicant as the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, as required by paragraph 11 of the Scheme. In consequence, the Applicant has not established his claim, as required pursuant to paragraph 26 of the Scheme. Accordingly, no compensation can be paid, and no further consideration of this application is required.

No award

Nora Pat Stewart

29 March 2023