Publication
52761 (13 October 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: #52761
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 10 of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”). The Applicant’s claim is that he was walking to his home at around lunchtime on [ ], when somebody ran up behind him and threatened him with a knife demanding money, following which the Applicant was pushed to the ground and threatened with having his throat cut. The assault upon the Applicant was interrupted when a passer-by came upon the incident and the perpetrator fled. The Applicant suffered a cut to his left arm, abrasions and a swollen eye as a result of the assault. Further, the Applicant claimed that his heart came under pressure. The following morning the Applicant attended his doctor and also went to the Garda station where he made a complaint and the Gardaí took photos of the Applicant’s injuries.
Upon receipt of this application, the Tribunal wrote to the Applicant on [ ] and set out the standard documentation it required from the Applicant in order to consider his application further.
No response was received from the Applicant. The Tribunal wrote most recently on [ ] to the Applicant enquiring as to whether he intended to pursue his claim but again it received no response. The Tribunal wrote most recently to the Applicant, on [ ], but no response was forthcoming.
Paragraph 10 of the Scheme states:
"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.”
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support his claim.
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his claim, pursuant to paragraph 10 of the Scheme, no compensation can be paid and no further consideration of this application is required.
No award
Nora Pat Stewart
Date: 13 October 2022