53905 (20 April 2023)

Criminal Injuries Compensation Tribunal

Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme

Single Member Decision

Application of [ ]

Application number: 53905

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 [ ] in [ ]. The Applicant was subjected to an assault by two named individuals and sustained injuries.

The Applicant was struck on the head with an article. He fell to the ground and received kicks to the body. The Applicant was taken by ambulance to [ ] Hospital [ ] and was attended to in the Emergency Department. He later attended with his G.P. and had to return to the hospital due to seizures.

The incident in this case was reported by the Applicant’s father to An Garda Siochana shortly after it occurred on the [ ]. The Applicant indicates in his statement that he intended to proceed with a formal statement of complaint as soon as he was well enough to do so. The matter was being investigated by Garda [ ] of [ ] Garda Station. No criminal proceedings had been initiated at the time of the application. The Applicant had received no payment of compensation in the matter.

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 that he was unemployed and in receipt of disability allowance at the time of the incident. No loss of earnings claim arises.

The Applicant had the benefit of a medical card at the material time.

No other items of out-of-pocket expense incurred by the Applicant have been identified or vouched at any time.

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

This Tribunal Member notes that no out-of-pocket expenses have been identified and no receipts for any loss or expense have been submitted at any time. Furthermore, there is no loss of earnings claim arising. The Tribunal has no power to award general damages for injuries sustained.

In the circumstances, the Tribunal makes no award.

Date: 20 April 2023

Cathal Lombard, Tribunal Member