Publication
50286 (16 August 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: 50286
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 and Article 13 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. In his application for compensation under the Scheme, received by the Tribunal on the [ ], the applicant stated that he had suffered injuries as a result of an incident that happened on the [ ].
3. It is noted that the Tribunal was notified on the [ ].
4. The applicant, [ ], was attacked by [ ] at 13:25 on the [ ] at [ ].
5. He received a blow to the hand during the course of the attack.
6. An Garda Síochána reported on that on the [ ], an altercation and exchange of words took place between the applicant and [ ]. From what is described in the Garda Report, the two men fought [ ], for about a minute before the fight was broken up. The matter was disposed of and heard at [ ] District Court on the [ ], when both the applicant and his attacker were convicted [ ].
7. The applicant’s Solicitors, [ ], submitted the application for compensation on his behalf. They were written to on the [ ], and sent a copy of the Garda report.
8. Article 13 of the scheme was drawn to their attention and they were asked to comment on same. No response was received to that request. They did, however, enquire on the [ ] as to the up-to-date position regarding the application.
9. They were written to on the [ ] and were asked to know if their client still wished to pursue the application and were reminded that documentation was required. It was also brought to their attention that their letter of the [ ] requested an update but did not address the issues raised in the letter of the [ ]. They were also advised that if the office did not hear from them by the [ ], the file would be sent to a single member for decision.
10. No response has been received from them.
11. Article 9 (previously Article 10) 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 €63 (previously £50) should be awarded”. This sum in now €500 under the revised scheme.
12. In addition, Article 13 of the then Scheme (now Article 12) provides: “no compensation will be payable where the Tribunal is satisfied that the victim was responsible either because of provocation or otherwise for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence”.
13. In addition, Article 20 of the scheme (previously Article 21) provides “application should be made as soon as possible but accepted circumstances determined by the Tribunal to justify exceptional treatment not later than three months after the event giving rise to the injury. No applications may be accepted by the Tribunal where the event giving rise to the Injury took place more than two years prior to the date of application”.
14. While the Tribunal is satisfied that the application is the victim of a crime, it is also satisfied that the applicant, himself by virtue of his objective conduct as reported by an Garda Siochana and his being bound to the peace by the Court comes within the ambit of Article 13.
15. In addition, no details have been submitted in respect of Article 9 (previously Article 10) of the scheme to determine whether the applicant has suffered a loss of €63.
16. This Tribunal does not propose to comment on Article 21 as it is obvious that the provisions of Article 9 have not been met and also that it is obvious from the details given by An Garda Síochána about the applicant’s own conviction renders Article 13 applicable.
17. Accordingly, the application is dismissed under Article 9 and Article 13.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
16 August 2022