Publication
52388 (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: 52388
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 via his Solicitors [ ] Solicitors with the Criminal Injuries Compensation Tribunal on the [ ] in respect of an incident which happened on the [ ] at [ ].
3. The application form contained no details concerning the circumstances as to how the matter qualifies under Article 1 of the Scheme, no details of any personal injury and no details of any out of pocket expenses. In their covering letter [ ] stated that the application was in respect of a knife attack suffered by their client on the above mentioned date. They attached photographs of the injuries sustained by the Applicant sustained as a result of the knife attack. No further information was forthcoming in that letter.
4. The Applicant’s Solicitor was written to on the [ ] acknowledging receipt of the application form and outlining the next process to be followed. Details were sought of the P60, a statement from the Department of Social Protection, a statement from the Employer regarding sick pay, and original receipts in respect of any payments that the Applicant had to make in respect of his injuries.
5. On the [ ] The Tribunal received a report from An Garda Siochana stating that the Applicant had sustained injuries of knife slashes to the face which required stitching after the Applicant had left a Public House and was on his way to another house. Another individual [ ] proceeded to approach the Applicant and then slashed him with a stanley knife. [ ] received a [ ] year custodial sentence in respect of a charge under Section 3 of the Non Fatal Offences Against the Person Act.
6. On the [ ] the Applicant’s Solicitors were written to enclosing a copy of the Garda Report and attention was drawn to the following: “The scheme of compensation for injuries criminally inflicted covers out of pocket expenses directly attributable to a crime of violence. Out of pocket expenses include all medical expenses, loss of earnings, travel expenses. All expenses claimed must be supported with documentary evidence”. No response was received to that correspondence and nothing further has been heard from [ ]. On the [ ] the Tribunal wrote to [ ] in the following terms: “With reference to the above application and our previous correspondence to date of [ ] a copy of which is enclosed please inform this office in writing if your client still wishes to pursue this matter. If so please forward the documentation required including original receipts and vouching documentation with regard to your clients out of pocket expenses arising from the personal injuries. If this office does not hear from you by the [ ] this file will be sent to a member for decision”. No response has been received.
7. 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”.
8. No details of any out of pocket expenses have been furnished in connection with this matter. No vouching has been furnished. It is impossible for the Tribunal to determine on the balance of probabilities that the Applicant has incurred special damages in excess of €63.50 as a result of the injuries received in this attack.
9. Under the circumstances the application is dismissed under Article 9 of the scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date: 27 January 2023