Publication
50765 (13 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: 50765
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Not admitted under the Scheme as failure by the applicant to establish that the injury is directly attributable to a crime of violence.
1. Mr. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, signed and dated 5 February 2008, it is stated that the applicant was on his way home at night when a girl asked him for a cigarette. Her boyfriend then attacked the Applicant and injured his cheek with a broken bottle and then kicked the Applicant in the head. The Applicant named this person. The Applicant went home and his father called an ambulance. He was taken to hospital where he spent five days and had a four-hour operation. He stated that out-patient treatment was ongoing and that criminal proceedings were pending. Full movement had not returned to his face by the time of the application. The Applicant claimed for taxi and medical costs, and submitted hospital and GP receipts.
3. The Tribunal sought a Garda report but none was provided.
4. By letter dated [ ], the Tribunal wrote to the Applicant’s solicitors, asking them to inform the Tribunal whether the Applicant wished to pursue the application, and stated that if so to furnish all documents they wished the Tribunal to consider. The letter stated that if there was no response by [ ], the file would be sent for a decision. No response was received.
5. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
6. I am not satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. No supporting factual or medical documentation outlining the nature of the injuries suffered was submitted. Accordingly, I do not admit the application for consideration under the Scheme.
7. Further, even if I were to admit the application for consideration the Scheme, the Scheme provides at paragraph 10 (previously para. 11) as follows:
8. provides at paragraph 10 (previously para. 11) as follows:
“10. No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”
9. From the foregoing lack of reply to the letter of [ ], I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
10. This is aside from the fact that on the papers to hand it does not appear that the application was made within three months of the incident giving rise to the injury, as required except in circumstances justifying exceptional treatment under para. 20 (previously 21).
11. The Applicant has not established that he was the victim of a crime of violence. Accordingly, I do not admit the application for consideration under the Scheme.
12. Even if the application were admitted for consideration under the Scheme, the applicant has not replied to correspondence in relation to his application. Therefore I further find that he has not given all reasonable assistance to the Tribunal as required.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022