Publication
53104 (14 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: 53104
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 in a [ ] with family members when a smoking object was thrown into the [ ].
The Applicant states that he sustained shortness of breath and irritation of the eyes following the incident. The Applicant attended at the Emergency Department of [ ] Hospital in [ ] for assessment and treatment.
The incident in this case was reported by Mr. [ ] to An Garda Siochana on the [ ]. The Applicant later made a formal statement of complaint. The matter was investigated by Garda [ ] of [ ] Garda Station. No criminal proceedings had been taken at the time of the application. The Applicant did receive any payment of compensation.
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 the time period.
The Applicant was unemployed at the time of the incident and no loss of earnings claim is made.
No items of out-of-pocket expenses incurred were identified by the Applicant in the application form. The Tribunal wrote to the Applicant‘s Solicitors on the [ ] requesting receipts for any out-of-pocket expense incurred by the Applicant in connection with the incident. No receipts have been received at any time since.
The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] when she sustained personal injury.
This Tribunal Member notes that no out-of-pocket expense or loss has been vouched at any time. The Tribunal has no power to award general damages for injuries sustained.
In the circumstances, the Tribunal makes no award.
Date: 14 April 2023
Cathal Lombard, Tribunal Member