Publication
51659 (14 September 2022)
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: 51659
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 [ ] at or near [ ]. The Applicant was subjected to an assault causing him to sustain personal injury. The Applicant sustained injury to his neck, head, nose and left leg and was treated at [ ] Hospital in [ ].
The incident in this case was reported to An Garda Siochana by another individual shortly after it occurred. The matter was investigated and the alleged perpetrator was identified as [ ]. Mr [ ] was prosecuted at [ ] District Court. The case was listed for hearing on the [ ], but on that date the Applicant withdrew his complaint and all charges were struck out.
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.
Paragraph 23 of the General Scheme (pre-April 2021) states that “To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported without delay to the Gardaí. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them.”
The Applicant states that he was the victim of a crime of violence which occurred on the [ ] in [ ] when he was subjected to an assault and sustained personal injury.
In this case, the incident was reported to An Garda Siochana and the perpetrator was identified. A prosecution occurred, however the Applicant later withdrew his complaint thereby terminating the criminal proceedings. As a result of the withdrawal of the complaint, the perpetrator was not amenable to conviction and penalty in respect of the incident. The Applicant has therefore failed to co-operate fully with An Garda Siochana to enable the alleged crime to be appropriately dealt with through the criminal justice system.
In the circumstances, pursuant to Paragraph 23 of the Scheme, the Tribunal makes no award.
Dated the 14th day of September 2022
Cathal Lombard
Tribunal Member