Publication
52249 (27 January 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: 52249
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The Applicant lodged an application for compensation to the Criminal Injuries Compensation Tribunal through his Solicitors [ ] on the [ ] in respect of an incident which happened on the [ ] at [ ].
3. The Applicants states that on that particular occasion he was standing at [ ] when a man jumped out of a car and started to fight with another man. He says that as he tried to stop the fight he was stabbed in the stomach.
4. He suffered a stab wound to the stomach, resulting in a scar one foot long. He was admitted to [ ] Hospital and received in patient treatment there from the [ ] to the [ ].
5. He also indicated that he would need further investigations in relation to his scar.
6. The Tribunal wrote on the [ ] acknowledging receipt of the application but drawing the Applicant Solicitor’s attention to Article 21 of the scheme which provides provides “application 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”. It is noted that the reason stated for the delay in lodging at 2(f) was “I was in custody and I was not made aware of the scheme until I was told of same by a Welfare Officer”.
7. An Garda Siochana, following enquiry from the Tribunal, reported on the [ ] that an incident did take place at [ ] on the [ ]. It stated that the allegation is that the applicant and friends were sitting on a bench when persons they knew pulled up in a car and one of the occupants of the car started an altercation with the Applicant. During the course of the altercation the Applicant was stabbed with [ ] knife. The offender who was later identified left the scene in the same vehicle that he had arrived in. A passing motorist brought [ ] to hospital.
8. It was reported that [ ] was well known to Gardai and has a large number of convictions, such as threatening to kill, serious assault and burglary, drug offences, possession of offensive weapons. Charges were laid but the case was withdrawn at [ ] Court as the main witness withdrew her statement. The main witness was [ ].
9. The Applicant’s Solicitors were written to on the [ ] and their attention was drawn to the following Articles of the scheme. Article 14 “no compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of the award where in its opinion it is appropriate to do so having regard to the conduct, character or way of life of the victim”.
10. Article 23 states: “to qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardai without delay. However the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the Claimant to notify the Garda Siochana of the offence and to cooperate with them”.
11. The Tribunal requested various documentation to be furnished setting out details of the expenses allegedly incurred by the Applicant. No response was received to that.
12. On the [ ] the Secretariat wrote on the following terms to [ ]: “Please say if you propose to pursue this application to the Tribunal and if so please furnish all documents you wish the Tribunal Member to consider by [ ]. Your client’s application will be forwarded to a Tribunal Member for a decision with documents that are already on file shortly thereafter.”
13. No response was received to that.
14. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 (€63.50) should be awarded”. No details of any out of pocket expenses have been furnished. No vouching has been furnished.
15. Accordingly the application fails at the first hurdle, namely Article 9.
16. It is not necessary for the Tribunal to consider the application of Article 21 (now Article 20) although it should be stated that it has long been held that lack of knowledge of the scheme is not a circumstance justifying exceptional treatment. It should also be stated that there is nothing preventing anyone in custody from lodging an application for compensation.
17. The application is dismissed under Article 9.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date: 27 January 2023