Publication
54023 (19 February 2021)
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 Number: 54023
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
The Applicant alleges that he was the victim of a violent incident which occurred on the [ ] at [ ].
The Application Form states that the Applicant reported the incident to Garda [ ] [ ] on the [ ]. In fact, it transpires a formal statement of complaint was made by the Applicant to Garda [ ] on the [ ] [ ].
The Applicant states that he was hit [ ] and was knocked unconscious. The Applicant identified the offender as [ ] (note the application form states [ ] however this appears to be an error). The Applicant states that he suffered significant dental injuries which would need attention. The Applicant states that he was treated at [ ] and [ ] in [ ]. The Applicant claims that he suffered personal injury in a violent incident and incurred out of pocket expenses for which he seeks payment of compensation under the General Scheme.
A volume of documentation relating to this incident was furnished to the Tribunal by An Garda Siochana. There were a number of witnesses and differing accounts of the incident. The Tribunal does not require to recite the facts and matters alleged by various parties for the purpose of this decision. It is common case, however, that the incident occurred in the early hours of the morning at approximately 4-4.30am, that the incident occurred at a private residence occupied by [ ] that the Applicant was intoxicated and that an incident occurred at or in the vicinity of the front doorway of the house. It is the case that the Applicant suffered injuries including a laceration to the upper lip requiring medical treatment, an abrasion to the occipital area and damage to a number of teeth requiring dental treatment. The Applicant and [ ] were known to each other and had been involved in an incident with each other previously. Both the Applicant and [ ] [ ] were prosecuted by An Garda Siochana in respect of this incident.
Correspondence from An Garda Siochana noted that the Applicant had thirteen convictions prior to the incident. He had seven convictions under the Criminal Justice (Public Order) Act, four road traffic convictions, one conviction under the Criminal Justice (Theft and Fraud Offences) Act and one conviction under the Criminal Damage Act.
Article 21 of the General Scheme 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".
This application was significantly late, not in fact received by the Tribunal until the [ ] [ ] almost eleven months post incident.
The Tribunal must, in the first instance, determine whether the circumstances of this late application justify exceptional treatment such that the application may be considered under the provisions of the General Scheme.
The Tribunal notes the explanation offered by the Applicant's Solicitors in their correspondence. They state that the matter was under investigation by An Garda Siochana for some considerable time and that a summons had recently issued against the perpetrator with a return date of [ ]. It is further stated that not all information had been ascertainable and it had not been possible to ascertain the full extent of losses accruing to the Applicant.
The Tribunal is not satisfied in the circumstances of this late application that exceptional treatment is justified. The Applicant made a detailed formal statement of complaint to An Garda Siochana seven days after the incident. The Applicant was in a position to furnish Garda with full details of the alleged assault and identified the perpetrator, who was known to him. The Applicant furnished details of his injuries and where he was treated to Gardai. All of the information contained in the Application Form was known to the Applicant at the time of, or shortly after, the incident and certainly within three months of the incident. No communication was made with the Tribunal to notify it of any intention to make an application under the scheme or to convey any difficulty in making an application within the time. The Applicant's position vis-รก-vis an application to the Tribunal was not advanced in any way between [ ] (three months post incident) and [ ] (when the application was made). The Applicant did become aware that criminal prosecutions were to be initiated, however criminal proceedings are not a requirement of the scheme where the incident was reported to Gardai without delay, which was the case here.
In this case, the Tribunal determines that exceptional treatment is not justified and therefore the application is refused as being late.
In circumstances where the application is refused as being late, it is not necessary for the Tribunal to make any further determination or assessment of the claim under the terms of the General Scheme. However, the Tribunal expresses its view that had this application been within time and subject to full determination under the terms of the scheme, Article 13 of the General Scheme would certainly apply in this case. Article 13 states that "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". The Tribunal notes matters including the attendance by the Applicant at a private residence at approximately 4-4.30am unannounced and uninvited, his level of intoxication as confirmed by Garda [ ], the Garda prosecution of the Applicant himself in respect of the incident and the finding of "not guilty" in the prosecution of the alleged offender.
Dated the 19th day of February 2021
Signed: [ ]