Publication
54471 (12 December 2023)
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: 54471
Date of incident: [ ]
Date of application: [ ] - received by the Tribunal on [ ]
Decision outcome: No award.
1. Mr. [ ] ('the Applicant') has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted ('the Scheme').
2. The application was sent from the Applicant's Solicitors on the [ ] and received by the Tribunal on the [ ]. The application relates to an alleged assault which occurred at [ ] on the [ ]. It is stated on the application form that a person unknown to the Applicant, an occupant of the residence in which the incident occurred, perpetrated a physical assault upon the Applicant causing him serious injuries to his [ ], to his [ ] and to his [ ]. A medical report was awaited at that time.
3. In respect of the delay in furnishing the application it is stated that the Applicant is relying on the content of his solicitor's correspondence to the Tribunal dated [ ].
4. Having considered this document it is apparent the Applicant was not in a position to make the application within the said three-month period and the Application should be admitted for consideration under the terms of the Scheme.
5. There is also correspondence from [ ] in relation to [ ] ("the Applicant") which states that his approximate total loss from [ ] to [ ] is €12,360. The Applicant is a self-employed [ ].
6. The Applicant has submitted his Tax Clearance Certificate by way of a solicitors correspondence on the [ ].
7. On the [ ] the Tribunal wrote to the Applicant's Solicitors advising that they held no vouching in respect of out-of-pocket expenses.
8. The Garda Report was received by the Tribunal. It is therein outlined by Garda [ ] that compensation was to be paid by one of the offenders to the Applicant. The report notes an initial sum of €5,000 was paid and a further €5,000 to be paid in yearly installments up to a total sum of €30,000.
9. It therefore appears that the compensation directed at the conclusion of the criminal proceedings exceeds any claim which the Applicant has submitted for loss of earnings. In the absence of any additional vouchers in respect of out of pocket expenditure no award is made in this case.
Georgina Robinson
Criminal Injuries Compensation Tribunal
12 December 2023