Publication
50383 (9 May 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: 50383
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal on [ ] )
Decision outcome: Application refused under paragraph 11 of the scheme.
1. Ms [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, the applicant stated that she had suffered injuries in the vicinity of [ ], [ ], as a result of being assaulted by a named offender. The applicant stated that she sustained slash injuries to her [ ] and [ ] when she was involved in an altercation with the offender and another male on the date in question. The applicant received in-hospital medical treatment on the date in question and also consulted with her GP.
3. A report from An Garda Síochána, dated [ ], was on file. The report confirmed that the incident occurred at [ ] on [ ]. It was stated that, during the course of the dispute between a number of people in an area of [ ], the applicant was assaulted by a person known to her and that a sharpened object was used to inflict the injuries which the applicant sustained. The applicant was confirmed to have sustained a slash wound to the [ ] of her [ ] and numerous slash wounds to her [ ] and [ ] area. She also sustained a stab wound under her [ ]. All of the injuries noted were inflicted using a sharpened object. The report confirmed that the offender was being prosecuted before [ ] Court.
4. The Tribunal entered into correspondence with the applicant’s solicitors. On [ ], the Tribunal, referring to previous correspondence dated [ ], requested original receipts and vouching documentation in relation to the applicant’s out of pocket expenses arising from her personal injuries. The letter stated that unless the Tribunal heard from the applicant or her solicitors on or before [ ], the file would be sent to a Member for decision.
5. No response was received from the applicant or her solicitor in response to this correspondence.
6. Paragraph 21 of the Scheme provides as follows:
‘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…’
7. Thus, to comply with the time limit set out in paragraph 21, the application would have needed to have been lodged with the Tribunal no later than by [ ]. In the event, the application was lodged on [ ] and was therefore lodged in accordance with paragraph 21 of the Scheme.
8. The Tribunal was satisfied, on the evidence presented, that the applicant had sustained personal injury as the result of the subject incident which was directly attributable to a crime of violence.
9. Paragraph 11 of the Scheme provides, ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
10. The application form, signed by the applicant, confirmed her acceptance, under Part 9(d) of the application form, that she would provide all reasonable assistance to the Tribunal in the progression of his claim under the Scheme.
11. The applicant has failed to respond to repeated and reasonable requests from the Tribunal for necessary information. This failure has resulted in the Tribunal being unable to progress the claim for compensation.
12. In the event, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon her pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.
18. NA
19. Nil. Application refused under paragraph 11 of the Scheme.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
9 May 2022