Publication
52595 (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: 52595
Date of incident: [ ]
Date of application: [ ]
Decision outcome: €5,609.43
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on the [ ], the applicant states that he had suffered injuries in the course of an incident which occurred in [ ] on the [ ] of the [ ]. The incident was reported to An Garda Siochana by the applicant’s [ ], [ ]. The application form states that no criminal prosecution had been, at that time, institute in relation to the matter. The application further states that [ ] had not, at the date thereof, received compensation in respect of the injuries sustained. The Applicant is stated to have received inpatient treatment at [ ] from [ ] to [ ] of [ ]. The application form in this case was completed by [ ]. The application form is dated [ ] and is date stamped as received by the Tribunal Secretariat on [ ].
3. By way of correspondence to the Tribunal, An Garda Siochana confirm that the applicant was assaulted as outlined in his application. They have provided a report stating that criminal proceedings were concluded against two offenders. They confirm that at the conclusion of the criminal proceedings [ ] received the sum of [ ] by way of compensation from one of the offenders. The second offender was to pay [ ] to [ ].
4. The Applicant was absent from work from the date of injury, [ ], until [ ].
5. The Criminal Injuries Compensation Tribunal established under Paragraph 17 of the Scheme may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in Paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life.
6. I am satisfied that the applicant has established that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
7. An issue arises however with the date upon which the application was submitted to the Tribunal’s Secretariat. At paragraph 20 of the Scheme (formerly paragraph 21) it states:
“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”.
The application should therefore have been made on or before [ ] to satisfy the Scheme’s time limits. The Tribunal however is entitled to consider the circumstances by which the late application was made, and it may accept late applications if those circumstances justify exceptional treatment.
8. The purpose generally of a limitation period is to discourage delay and ensure claims are brought in a contemporary timeframe which in turn seeks to ensure that fairness can be achieved between the parties. In considering therefore whether to exercise its discretion fairness must be at the centre of any consideration given by this Tribunal.
9. Applying this principal of fairness to this application, I have considered the application in its entirety and in particular the applicant’s evidence contained thereon regarding the serious physical consequences the assault had upon him. I note that the said trauma resulted in a significant period of absence from work and I also note the applicant would necessarily have been impaired from making an application or indeed researching this scheme of compensation while suffering from the serious effects of the assault. I therefore exercise my discretion to admit this application for consideration under the terms of the Scheme.
10. The applicant’s claim is limited to a claim for loss of earnings and vouched expenditure submitted to the Tribunal. In respect of the latter I note vouched expenditure submitted as follows: Medical and Dental expenditure: €507.
11. The applicant’s net income is noted as. [ ] Payments were received from the Department of Social Protection in the sum of. [ ] which must be deducted from the net loss. In addition, one of the assailants is noted as having discharged a compensatory payment to the applicant in the sum of [ ]. The applicant’s net loss is therefore €5,102.43.
12. The applicant has confirmed that he did not receive a second amount of monetary compensation due to be paid to him in the sum of [ ] by the second assailant. I am satisfied that given the passage of time since the sentencing hearing in respect of the said assailant it can be taken that the applicant is not likely to receive this compensation at this remove. I therefore disregard this sum for the purpose of this application.
13. The applicant’s net loss is therefore €5,102.43.
14. Finally, to this must be added the sum of vouched expenditure submitted of €507. The total award is therefore made in the sum of €5,609.43.
Georgina Robinson, Criminal Injuries Compensation Tribunal
13 April 2022