Publication
51977 (21 October 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date of application: [ ]
Case reference: 51977
Decision: Pursuant to Paragraph 11 of the Scheme in place at the time of the applicant’s application, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ] and submitted to the Tribunal under cover of letter from her legal representative dated [ ]. The application is stamped as received by the Tribunal on [ ].
3. In her application, the applicant stated that she was injured on [ ] in an unprovoked attack which caused facial injuries and a hairline fracture to her left cheekbone.
4. The applicant did not submit any receipts or other vouching documentation with respect to his out-of-pocket expenses arising from this incident.
5. The Tribunal has had the benefit of the statement made by the applicant to An Garda Siochana at [ ] Garda Station on [ ]. The applicant stated that she had been drinking in [ ]. She was dancing with friends in [ ] pub when a man came over to her and her friend. The applicant’s friend told him that she (the applicant) had a boyfriend. The applicant took a [ ] from the man, she took his [ ] and she told him that he would get them back if he left them alone. The applicant’s friend gave him back his [ ]. The man hit the applicant in the eye and the applicant fell back hitting her head off the wall. The applicant did not know the man in question.
6. The Tribunal has had the benefit of a Garda Report dated [ ] which confirms the details provided by the applicant in her statement. The Report confirms that a file was being prepared for the DPP. The applicant did not receive any compensation.
7. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative noting that there were no details in the applicant’s application particularising any expenses which were incurred by the applicant as a result of the personal injuries she sustained from the assault.
8. On [ ], the applicant’s legal representative informed the Tribunal that the applicant incurred no out of pocket expenses and that the application should proceed to determination on the basis of the material already submitted.
9. On [ ], the secretariat of the Tribunal informed the applicant’s legal representative that the Scheme extends only to cover out of pocket expenses directly attributable to a crime of violence and such expenses must be supported with documentary evidence. The applicant’s legal representative was informed that the Scheme prohibits payment of compensation for pain and suffering, and covers compensation for out of pocket expenses only.
10. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
11. Paragraph 11 of the Scheme reads: “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. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourages applicants to give the Tribunal reasonable assistance.
13. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.
14. In this case the applicant has not submitted any receipts for expenses arising as a result of her injury or any other vouching documentation relating to out of pocket expenses. The Secretariat of the Tribunal was informed by the applicant’s representative in [ ] that she incurred no expenses as a result of her personal injuries. There is no evidence before the Tribunal that the applicant has subsequently incurred any expenses arising as a result of her injury.
15. As a result, applying Paragraph 11 of the Scheme, no compensation is payable to the Applicant.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
21 October 2022