Publication
51143 (6 October 2022)
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: 51143
Date of incident: [ ]
Date received: [ ]
Decision: No award.
1. On the [ ] the applicant was in [ ] nightclub in [ ]. The applicant states in his application form that he had a few drinks in the nightclub and left through the side door at about 2.30 am. He states that he remembers falling to the ground and nothing else. The applicant states that he sustained an injury to his finger. The matter was reported to the gardaí almost three months after the incident.
2. A report was provided by the gardaí. It is stated in this report that the applicant reported that he fell on the night in question. No criminal investigation was carried out.
3. Paragraph 1 of the Scheme provides that compensation may be paid in respect of “personal injury where the injury is directly attributable to a crime of violence”.
4. No crime of violence has been established in this application. The applicant stated to the gardaí in his statement that he fell and the gardaí have reiterated that in their report. This application is not eligible to be admitted under the Scheme.
5. This application was made six months outside of the three month time limit provided for by the Scheme and is out of time. While the applicant provided an explanation for the delay, namely that he was a foreign national with no knowledge of the Scheme, I do not consider that such a circumstance justifies exceptional treatment.
6. The application is out of time and no crime of violence is alleged to have taken place therefore the application is inadmissible and I make no award.
Signed: Elizabeth Davey
Date: 6 October 2022