Publication
50326 (13 April 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: 50326
Date of incident: [ ]
Date received: [ ]
Decision: No award
1. According to the applicant’s application form, on [ ] she was approached on [ ] by a woman known to her and [ ]. Gardaí arrived at the scene and the applicant was brought to hospital for treatment.
2. The garda report details that the perpetrator was prosecuted in [ ] for [ ] assault causing serious harm and received a [ ] sentence with [ ] suspended.
3. The garda report outlines that that both the applicant and the perpetrator are [ ] and the attack occurred as part of an ongoing feud between [ ]. The applicant has previous convictions for road traffic offences and public order matters.
4. The applicant states in her application form that she has a [ ] on her [ ] as a result of the attack and that she was attending [ ] for psychiatric treatment since the incident.
5. No medical reports or expenses have been submitted as part of this application.
6. Paragraph 1 of The Scheme of Compensation for Personal Injuries Criminally Inflicted provides that the Scheme applies “in respect of personal injury where the injury is directly attributable to a crime of violence”. The perpetrator of the attack was prosecuted in the Circuit Court for her crime against the applicant and received a sentence.
7. I am satisfied that the applicant has established, on the balance of probabilities, that she was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. Accordingly, I admit the application for consideration under the Scheme.
8. The applicant engaged a solicitor to deal with her application to the tribunal. Correspondence passed between the tribunal and the applicant’s solicitor.
9. By letter dated [ ], the tribunal wrote to the applicant’s solicitor and enclosed a copy of the garda report. The tribunal offered the applicant an opportunity to address certain matters mentioned in the garda report in light of paragraphs 13 and 14 of the Scheme. The tribunal also informed the applicant’s solicitor that the Scheme only covers out of pocket expenses and does not make payments in relation to pain and suffering. The tribunal received no response to this letter. There was no further contact with the tribunal by the applicant or her solicitor.
10. On [ ] the tribunal wrote to the applicant’s solicitor and enquired if the applicant wished to pursue her claim. The tribunal received no response to that letter and the matter was forwarded for a decision.
11. Paragraph 11 of the Scheme provides that “no compensation will be payable to an applicant who has not, in the opinion of the tribunal, given the tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”
12. It is my opinion that all reasonable assistance has not been offered to the tribunal in relation to this application. There are no medical reports or out of pocket receipts on file. The applicant has not commented on the matters raised in the garda report. It is for the applicant to establish her claim and that has not been done.
13. Furthermore, the application was lodged out of time and while the letter from the applicant’s solicitor addresses the delay it has not been supported by any medical evidence from [ ].
14. In all of the circumstances I make no award in this application.
Signed: Elizabeth Davey, Criminal Injuries Compensation Tribunal
Date: 13 April 2022