Publication
50982 (11 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Case reference: 50982
Determination: Applying Paragraphs 9, 13 and 16 of the Scheme in place at the time of the application no award of compensation will be made.
1. By way of application form marked as received by the Criminal Injuries Compensation Tribunal (“The Tribunal”) on [ ], [ ] (“the applicant”) has made a claim for compensation from the Tribunal for injuries arising out of a crime of violence which took place on [ ].
2. The applicant stated in his application form that he was assaulted on the night of [ ] at the [ ] and [ ], in [ ] by [ ], amongst others.
3. The applicant provided a statement to Garda [ ] at [ ] Garda Station on [ ], a copy of which was provided to the Tribunal by the applicant with his application form.
4. The applicant stated that he, accompanied by family members, had attended [ ] to watch a band who finished playing sometime between [ ] and [ ]. A group of other patrons began acting noisily, and because two of them ([ ] and [ ]) were known to the applicant, the applicant asked them to quieten down.
5. [ ] and the applicant went outside the venue, and afterwards [ ] did the same, with an unknown number of others. The applicant was punched by [ ] and fell down. [ ] bit the applicant’s [ ]. Others who were with [ ] also beat and punched the applicant. The applicant was bloodied, and was taken to the gents toilet within the venue where he cleaned himself up. The manager of the bar asked the applicant to leave, and he did so, accompanied by those family members who had accompanied him there.
6. The applicant and his family were walking up to [ ] when [ ] shouted after him. The applicant attempted to escape, and he was chased by [ ] to the [ ]. A friend of the applicant arrived in a taxi, and the applicant attempted to escape, but was further assaulted on the [ ] by [ ] who closed the door of the taxi on his leg as the applicant attempted to get into the taxi.
7. The applicant was driven to the Garda Station where first aid was provided and an ambulance called. While the applicant was in the ambulance, a private number called the applicant’s mobile phone twice. On one call the caller said that he knew the applicant’s name and address and accused him of hitting the caller’s daughter. The applicant was taken to [ ] where he received treatment.
8. According to the applicant in his application form, he suffers from numbness to his right leg, and has a [ ] on his [ ]. The applicant underwent tests for HIV. The applicant was also absent from work as [ ] between [ ] to [ ], and from [ ] to [ ], and from [ ] to [ ].
9. In his application form, the applicant claims compensation amounting to: €402 for doctor/hospital visits, €28.49 for medicine and €21 for taxi and parking charges, amounting to €451.29. Subsequent receipts were provided by the applicant subsequent to his application amounting to €535.66.
10. The applicant stated that he needed time off work as a result of his injuries, but no receipts or other vouching information regarding loss of earnings has been submitted by the applicant to the Tribunal.
11. The applicant stated that he expected to need a 3rd hepatitis injection (fee: €30 plus €60 GP fee). By letter dated, [ ], the applicant informed the Tribunal secretariat that this had been done, and enclosed a receipt for same. It should be noted that the receipt submitted to the Tribunal incorrectly states that the amount was for €120 in error.
12. On [ ], a report of Garda [ ] (investigating officer) of [ ] Garda Station was submitted to the Tribunal. In it, Garda [ ] states that the applicant attended the Emergency Department of [ ] and claimed that he had been assaulted and bitten on [ ] by his assailant, and that a car door had been slammed on his right leg. The report states that the applicant had two parallel vertical superficial wounds on [ ] with some skin loss and an abrasion. There was a 15 mm wound on his right ankle. The applicant was given antibiotics, and a tetanus toxoid injection. He was given a hepatitis B vaccination and his wound was closed with steri strips and he was discharged.
13. The Garda report states that statements were given by several others involved in the altercation on the night in question, and there is significant variation between the account of the events provided by the applicant in his garda statement, and those statements given by others, particularly with respect to who was the instigator of the altercation, and the nature of the call received by the applicant while in the ambulance.
14. The Garda report states that the applicant has two previous convictions for unlawful possession of a controlled substance, and in both cases received the benefit of probation. These date to the early [ ]
15. A decision was made by the Director of Public Prosecution directing that no prosecution should be pursued in this matter.
16. On [ ], the secretariat of the Tribunal wrote to the applicant enclosing a copy of the Garda report and inviting any comments from the applicant. In addition, the Tribunal sought any further receipts for out of pocket expenses incurred by the applicant arising from the assault.
17. On [ ], the applicant emailed the Tribunal stating that he had no further receipts relating to his expenses or loss of earnings. Further, he provided a detailed response to the issues raised in the Garda report, particularly disputing the narrative of the events in question provided by those who gave statements to the Gardai, and disputing the allegation in the Garda Report that he was the instigator of the assault. The applicant stated that, after such a long period of time, he could not provide further particulars of the night in question.
18. The applicant stated in his email that [ ]’s father called to the applicant’s home a week after the events, to apologise on behalf of his son and to provide compensation to the applicant of €250 to cover some of the medical bills incurred.
19. On [ ], the applicant emailed the Tribunal to confirm he had no further receipts.
20. The following documents were furnished to the Tribunal Member for decision
a. Application form completed by the applicant and signed on [ ] enclosing a copy of his Garda Statement;
b. Correspondence between the secretariat of the Tribunal and the Superintendent of [ ] Garda Statement regarding a Garda report, and a Garda Report under cover of letter dated [ ];
c. Correspondence between the secretariat of the Tribunal and the applicant concerning submission of receipts and inviting comments on the Garda Report, as set out above;
d. Receipts:
i. [ ] hospital casualty charge: €66.00
ii. GP receipt, [ ]: €120 (incorrectly charged, and should be €90:00)
iii. GP receipt, [ ]: €60.00
iv. GP receipt, [ ]: €60.00
v. GP Receipt, [ ]: €60.00
vi. GP receipt, [ ]: €60.00
vii. GP receipt, [ ]: €30.00
viii. [ ], [ ]: €66.00
ix. Car park receipt, [ ]: €4.00
x. Prescription claim form, [ ], €19.45
xi. Prescription claim form, [ ]: €7.74
xii. Prescription claim form, [ ]: €5.88
xiii. Prescription claim form, [ ]: €6.29
21. Paragraph 21 of the Scheme in place at the time of the applicant’s application states: “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.” It is accepted that the applicant made his application to the Tribunal within the three-month period, and is therefore deemed admissible for determination.
22. The Tribunal may only make a determination of compensation based on original receipts and other vouched expenses provided by the applicant to the Tribunal. The applicant did not provide any details of any loss of earnings which arose as a result of his injuries, despite being requested to do so by the secretariat of the Tribunal. Therefore no award of compensation for loss of earnings will be made, and any award will be based solely on the receipts properly submitted to the applicant in his application form and subsequently.
23. Paragraph 13 of the Scheme which was in place at the time of the applicant’s application for compensation from the Tribunal states: “No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence.”
24. There is a significant evidentiary dispute as to the circumstances which gave rise to the assault between the account provided to Gardai by the applicant, and those accounts provided by other witnesses. The applicant’s account is, in essence, that he was the subject of an unprovoked attack by his assailant when he asked the assailant and his companions to lower their voices when watching a band at a venue. The account of the other parties is that the applicant was, at least, partially responsible for causing the assault which subsequently took place.
25. I am satisfied, based on the Garda report submitted to the Tribunal, and the decision of the Director of Public Prosecutions that no prosecution should be pursued against the applicant’s assailants that he was partially responsible for the offence.
26. I am also satisfied that the decision of the assailant’s father to pay the applicant compensation amounting to €250 on behalf of his son, is recognition that [ ] was also partially responsible for the offence.
27. I therefore determine that any award made to the applicant should be reduced by 50% having regard to the facts of this case, the statements given to the Gardai and the Garda report supplied to the Tribunal, and applying Paragraph 13 of the Scheme.
28. The applicant provided vouched expenses arising from this assault amounting to €353.66. Therefore, applying Paragraph 13 and reducing the award by 50%, any award of compensation should amount to €267.83.
29. Further, Paragraph 16 of the Scheme provides: “The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
30. In his email to the Tribunal dated [ ], the applicant stated that he had received €250 from his assailant’s father by way of compensation to cover medical bills. I am satisfied that, applying Paragraph 16 of the Scheme, that this compensation should be deducted from any award made under this Scheme.
31. Therefore the applicant should receive compensation amounting to €17.83, being the total amount of compensation set out earlier, minus the €250 compensation already received on behalf of the offender.
32. With respect to the minimum threshold of any award which will be made by the Tribunal, Paragraph 9 of the Scheme provides “No compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 should be awarded.”
33. This aspect of the Scheme was updated in [ ], which is after the applicant’s application to the Tribunal to read “€250.00.”
34. Applying Paragraph 9 of the Scheme which was in place at the time of the applicant’s application to the Tribunal, as the compensation award has been determined to be less than £50/€250, given the nature of the injury received, no award of compensation will be made to the applicant in this case.
Peter Stafford BL
11 May 2022