53693 (20 January 2024)

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: 53693

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Award of €4,150

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

2. On the [ ], the applicant was walking home along the [ ], after a night out socialising, when he was attacked by a group of males on [ ] (“offenders”) and viciously attacked. The applicant had mistakenly believed that one of the offenders had stolen [ ] and he confronted them.

3. The incident was reported to [ ] Garda Station. Unfortunately, the offenders were never identified and nobody was held to account for assaulting the applicant.

4. The applicant was left unconscious on the street and was eventually brought by ambulance and treated in the [ ] Hospital.

5. The applicant sustained very severe physical injuries. His jaw was broken [ ] his teeth were damaged and broken, he received lacerations to his [ ] and he was bleeding from his [ ].

6. The applicant was detained in hospital for three days. He required stiches to his [ ].

7. He subsequently attended for extensive dental treatment at [ ] Clinic.

8. The applicant also sustained severe psychological injuries. He required extensive counselling and attended for treatment with [ ] Counselling and Psychotherapy.

9. The applicant's dental treatment amounted to €2,040. These costs have been fully vouched.

10. Counselling fees are vouched in the sum of to €2,030.

11. The applicant also sustained travel expenses.

12. The Tribunal has no doubt that the applicant was the victim of a vicious and assault. He was unfortunate enough to have been in the wrong place at the wrong time and encounter a gang of thugs.

13. The Tribunal has no doubt that the incident had and continues to have an adverse impact on the applicant. However, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make an award in respect of vouched out-of-pocket expenses.

14. The applicant has vouched his out of pocket expenses in the sum of €4,070. The Tribunal makes an award to the applicant for all of the foregoing vouched dental and counselling expenses and also an award of €80 in respect of travelling expenses.

15. The Tribunal makes a total award to the applicant in the sum of €4,150.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

20 January 2024