Publication
53901 (23 January 2024)
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: 53901
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal [ ])
Decision outcome: Award in the sum of €260.01
1. Ms [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application form, the applicant stated that she had sustained injury during an incident on [ ], in the vicinity of [ ]. In her application form, the applicant stated that she had sustained bruises as a result of the incident and that she had consulted with her GP in the immediate aftermath. The applicant stated that she had trouble sleeping at night and found it difficult to leave her apartment by herself. She confirmed that she had been in contact was the crime victims’ helpline. There is on file a report from the applicant’s GP, dated [ ]. The report confirms that the applicant was attacked on [ ] and that, as a result of the incident, the applicant sustained bruising to her right upper arm. The applicant confirmed to the Tribunal that the extent of her claim was the recovery of €79.66, this figure being the total of the GP report and a prescription form, the receipts for which were on file.
3. A Report from An Garda Síochána, dated [ ], was on file. The Report confirmed the applicant’s version of events as set out in the application form and further confirmed that an offender had been convicted in relation to the incident at the Criminal Courts of Justice on [ ] and had been sentenced to [ ] years’ imprisonment suspended for [ ] years on condition that he continued to engage with probation services. The Report stated that the applicant was required to surrender her mobile phone for evidential purposes to Gardaí. It was not returned to the applicant until [ ], following the conclusion of the criminal prosecution. The Report stated that the applicant would have suffered some depreciation in the value of her mobile phone which was newly purchased at the time of the incident. The Report also confirmed that the applicant sustained a direct financial loss in the sum of €80.35 as the result of the incident.
4. The applicant confirmed to the Tribunal that she had received €400 compensation in the criminal proceedings.
5. The applicant’s application for compensation was received by the Tribunal on [ ].
6. Paragraph 21 of the Scheme 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.’
7. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
8. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was submitted in accordance with paragraph 21 of the Scheme.
9. Having regard to the nature of the evidence contained on file the Tribunal is satisfied that the applicant sustained injury which was directly attributable to a crime of violence. The applicant was the innocent victim of a street robbery. The offenders used knives to threaten the applicant and made off with her handbag. [ ]. The applicant, by her actions, had demonstrated commendable courage and presence of thought.
Depreciation of phone: €500
Financial loss: €80.35
Vouched outlay: €79.66
TOTAL: €660.01
10. From this figure must be deducted the sum received by the applicant by way of compensation in the criminal proceedings (para 15 of the Scheme). This amounts to €400.
11. The Tribunal therefore awards the applicant the sum of €260.01.
12. NA.
13. Final Award: €260.01
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
23 January 2024