54567 (14 June 2022)
- Published on: 14 June 2022
- Last updated on: 15 December 2022
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: 54567
Date of incident: [ ]
Date of application: [ ]
Facts/brief background
1. [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, received on the [ ], the Applicant stated that she had suffered injuries following an assault at [ ] on the [ ], when she was out walking her dog. The assailant was a young man who was cycling a bike. He spat at the Applicant and threw a [ ] at her, causing her whiplash and back injury.
3. There is a report on file from Garda [ ] dated the [ ]. The report states that the Applicant reported to [ ] Garda Station that she had been assaulted by a youth on the [ ]. The youth threw a [ ] at the Applicant. The report states that the Applicant received injuries to her neck and received hospital treatment. The assailant was criminally charged and he pleaded guilty in the District Court on the [ ].
4. The Applicant is claiming €165, in compensation, for out -of -pocket expenses, all of which have been vouched.
Preliminary
5. Paragraph 21 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’.
6. The Applicant, in this, case did bring her application within the requisite time-period.
7. Furthermore, the Tribunal accepts that the Applicant was the victim of a crime of violence, given the established facts and the fact that the perpetrator was brought before the Courts and pleaded guilty.
Determination
8. It is accepted, on the balance of probabilities, that the Applicant in this case was the victim of a crime of violence.
9. The Applicant submitted out of pocket expenses totalling €165.
Award
10. The Tribunal having considered all matters makes the award of €165. The sum is made up of the following:
Receipt from Harcourt Health | €65 |
Receipts from Mater Hospital | €100 |
Total | €165 |
Majella Twomey
Chairperson, Criminal Injuries Compensation Tribunal
14 June 2022