Publication
54574 (8 January 2024)
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: #54574
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Awarded €190
1. Ms. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, dated [ ], the applicant stated that she was attacked on [ ] while looking in the window of a [ ] shop in [ ]. She stated that she was attacked from behind and that she was hit in the back of her head. She stated that she suffered broken teeth, headaches, and neck and back injuries. She reported the assault on the same day to the Gardai.
3. The application was made within three months and so is within the time limit prescribed by Para. 21 of the Scheme.
4. Under para. 23 of the Scheme, “to qualify for compensation” under the Scheme, it is necessary to “indicate to the Tribunal that the offence giving rise to the injury has been the subject of criminal proceedings or that it was reported to the Gardai without delay.” The paragraph continues to state that the Tribunal can dispense with this requirement where “all reasonable efforts were made” by or on behalf of the applicant to notify the Gardaí “and to cooperate with them.”
5. In this instance, the Garda report dated [ ] from Garda [ ] of the [ ] indicates that the matter was reported on [ ] to the Gardaí. The file indicates that there was a prosecution sent forward to the Circuit Court but ultimately a decision was taken not to prosecute as there was insufficient identification evidence.
6. It is clear that the applicant suffered a crime of violence and made the application within the required timeframe. I therefore admit the application for consideration under the Scheme.
7. The applicant indicated that she had to travel to attend counselling but did not indicate how many trips of 20 km she made by car, or whether she paid for the counselling. She submitted receipts for €120 for GP visits, and €50 for dental visits. It was also indicated that she was off work from [ ] to [ ], but there was no correspondence from her employer as required under section 5 of the form that she completed to outline sick benefits and other information.
8. It was stated on the applicant’s form that she would need dental veneers, but no further information in relation to this was submitted.
9. I find that the Applicant does qualify for compensation under para 22 of the Scheme and I award €190 being €20 for travel, and €170 for medical and dental out-of-pocket expenses.
Roderick Maguire
Criminal Injuries Compensation Tribunal
8 January 2024