Publication
54256 (21 April 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 54256
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] in [ ]. The Applicant was subjected to an assault and sustained personal injury.
The Applicant sustained a fracture of the mandible and other injuries. He was admitted to [ ] Hospital where he was treated for his injuries.
The incident in this case was reported by a [ ] store manager to An Garda Siochana shortly after it occurred on the [ ]. The Applicant later made a formal statement of complaint. The matter was being investigated by Sgt. [ ] of [ ] Garda Station. No criminal proceedings had been initiated at the time of the application. The Applicant had received no payment of compensation in the matter.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states that “Applications 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”. In this case, the application was received on the [ ] and was within time.
The Applicant states that he was employed as a [ ] at the time of the incident. It appears he was out of work following the incident, however no loss of earnings claim has been particularised or vouched.
The applicant states that he sustained the loss of spectacles. He states his mobile phone was taken. No receipts or evidence of replacement costs has been furnished. In fact, one document submitted suggests that a claim was made under a policy of phone insurance. There is an invoice from [ ] Hospital, but no receipt or evidence of this having been discharged. There is a prescription, but no receipt for the purchase of medication.
No other items of out-of-pocket expense incurred by the Applicant have been identified or vouched at any time.
The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ], when he suffered personal injury.
The burden of proof rests with the Applicant. This Tribunal Member notes that no receipts or documentation confirming any loss or expense have been submitted at any time. Furthermore, there is no loss of earnings claim particularised. The Tribunal has no power to award general damages for injuries sustained.
In the circumstances, the Tribunal makes no award.
Date: 21 April 2023
Cathal Lombard, Tribunal Member