54282 (25 March 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: 54282

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

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 alleges that he was the victim of an assault by [ ] (“the offender”) in the [ ].

3. The matter was investigated by [ ] Garda Station. Ultimately due to a conflict of evidence, the DPP decided not to prosecute the offender.

4. The applicant sustained bruising to his body and to his forehead. He also sustained dental injuries. The applicant was traumatised by the ordeal.

5. The applicant was availing of an invalidity payment at the time of the incident. Accordingly, he did not incur any loss of earnings.

6. The applicant has not put forward any vouchers in respect of any out-of-pocket expenses sustained for medical and any other out-of-pocket expenses.

7. Paragraph 6 (e) of the Scheme stipulates that since the 1 January 2006, the Tribunal does not have the power to award damages for pain and suffering. The applicant was advised of this by the Tribunal’s Secretariat.

8. The Tribunal accepts that the applicant was assaulted by the offender. The Tribunal also has no doubt that the applicant sustained severe physical and psychological symptoms which continue to endure. Unfortunately, it is not within the remit of the Tribunal to award compensation to the applicant for pain and suffering.

9. In circumstances where the applicant has not put forward any claim for out-of-pocket medical and any other out-of-pocket expenses incurred, it is not possible for the Tribunal to make any award to the applicant.

10. In circumstances where the applicant has not vouched his losses, it is not necessary for the Tribunal to make any further determination on the late application on any other provisions of the Scheme that might apply to this application.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

25 March 2024