Publication
50909 (30 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 50909
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 20 of the scheme (previously Article 21).
1. Mr [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. His application for compensation under the Scheme, was received by the Tribunal on the [ ] relating to an incident which occurred on the [ ]. [ ] date of birth: [ ] states that at 1.30am at [ ] he was with others in [ ] Town and sitting on the wall in front of the Cathedral at the top of [ ] Street. He says that they were approached by four fellows including [ ]. He knew them from hurling. He said that there was a blond fellow with [ ] and others and that he struck him a punch in the face. He was then kicked in the head stomach and ribs. He remembers [ ] coming over and kicking him in the head at least four or five times. He was brought to hospital in a taxi. He was bleeding from his mouth. His teeth were broken and chipped and the side of his face was swollen. His ribs and arms were sore. He had to make four or five trips to the dentist to fix up his teeth and it has been indicated that he would have to undergo at least two operations to fix his teeth. His vision was initially affected by what occurred. He was kept in hospital for two nights.
The assault was reported to An Garda Siochana It was not witnessed by An Garda Siochana. [ ] was charged with assault causing harm. It was reported by An Garda Siochana on the [ ] that € [ ] compensation had been paid to the victim by the accused. The Applicant was aged twenty one years at the time of this assault and was competent to make the application. The application was lodged over five years after the date of this incident.
3. Article 20 of the scheme (previously Article 21) it provides “ application 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. No applications may be accepted by the Tribunal where the event giving rise to the Injury took place more than two years prior to the date of application”.
The Applicant was written to on the [ ] and advised “claim should be lodged within three months of the incident (Article 21 of the scheme). This claim has been lodged later than three months after the incident therefore particular reference should be made in relation to the delay in making the application to the Tribunal to justify exceptional treatment in this case.”
No response has been received to that request for information.
The Secretariat wrote to the Applicant on the [ ] enclosing a copy of the correspondence of the [ ] and requesting a reply if he wished to pursue the application. No response has been forthcoming. The application is well out of time.
No circumstances have been submitted to the Tribunal to determine whether exceptional treatment is justified in this case and accordingly the application is dismissed.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
30 May 2022