50988 (12 July 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: 50988
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the Scheme.
1. [ ] (‘the applicant’) date of birth: [ ], has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. His application for compensation under the Scheme was lodged with the Criminal Injuries Compensation Tribunal on the [ ] in respect of an incident which occurred on the [ ] at [ ].
In his application form [ ] details that the incident is more particularly described in the Garda Statement.
In the Garda Statement he describes how [ ], [ ] and [ ] struck his brother [ ] in the jaw and took his bike from him. He says that he chased them down a laneway. They got away from him and later he met at least nine of the gang who had hurleys, iron bars. These comprised [ ], [ ], [ ], [ ], [ ], and [ ]. They continued to assault him in what was a very vicious assault indeed.
It would appear that the parties against whom actual criminal proceedings against were [ ] and [ ] who were convicted of unspecified charges.
The Applicant was written to on the [ ] advising that the application form had been received and seeking details of the loss of earnings and details of the out of pocket expenses.
To date no such details have been forwarded.
3. 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 €63 (previously 50.00 punts) should be awarded”.
4. The applicant has submitted a claim in respect of €63. This is less than the threshold amount required under Article 9 of the scheme and accordingly it is refused.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
12 July 2022