Publication
53580 (12 May 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: 53580
Date of incident: [ ]
Date received: [ ]
Decision: No award
1. On [ ] the applicant was assaulted and received significant head injuries. The perpetrator was identified and prosecuted and received an [ ] custodial sentence in respect of the incident. [ ] was prosecuted for assault causing serious harm.
2. The applicant submitted his application some nine months after the incident. Paragraph 21 of the Scheme provides 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.”
3. The applicant states in his application that he was hospitalized immediately after the incident until [ ] and was in an induced coma for five weeks. Thereafter he was not in a position to travel for several months. His memory and concentration were poor, his speech was slurred and he could only deal with the application with the assistance of others.
4. I am satisfied that the circumstances in this matter justify exceptional circumstances and I admit the application for consideration.
5. I am satisfied that the applicant sustained personal injury which was directly attributable to a crime of violence. The matter was reported to the gardaí and the perpetrator was prosecuted. The applicant has a number of previous convictions however these are mainly for road traffic matters and minor public order offences.
6. The applicant sustained a severe traumatic brain injury and this is reported by Dr. [ ] in his undated report. No further medical reports have been submitted.
7. There are no receipts for out of pocket expenses on the file. While the applicant wrote the figure of €350 on his application form in respect of travel it is unclear how this sum was arrived at.
8. The function of the Scheme is to provide compensation for out of pocket expenses and loss of earnings incurred by an applicant as a result of suffering personal injury directly attributable to a crime of violence.
9. It is not possible to provide such compensation in this case as no receipts for out of pocket expenses have been submitted.
10. The applicant has not been in contact with the tribunal to confirm he wishes to pursue his application. The tribunal wrote to the applicant on [ ] and [ ] and no response has been received.
11. The applicant has failed to engage with the tribunal in relation to his application. It is for the applicant to establish his case. There are no vouched expenses on file and therefore it is not possible to assess the claim. I make no award in this case.
Signed: Elizabeth Davey
Date: 12 May 2022