Publication
50918 (31 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 50918
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on the [ ].
2. The Applicant states that he suffered injuries on the [ ]. An Garda Siochana provide a different date of incident and report that at approx. 8.00 p.m. on the [ ] they were informed that a fight had broken out at [ ] between a group of males from [ ] and local males from the [ ] area.
3. An Garda Siochana were advised that a group of males were involved in a fracas which had arisen as a result of a previous fight which had occurred at [ ] Public House in the early hours of the [ ]. An Garda Siochana arrived at the scene and sought medical assistance for the Applicant, [ ], who had been stabbed in the buttock area and head. The Applicant was transferred to [ ] Hospital.
4. An Garda Siochana advise that there was no formal complaint made by anyone involved in the incident and [ ] returned to [ ] the day after the incident. No criminal proceedings were instituted in relation to the incident. The Applicant has no previous convictions in this jurisdiction. No compensation arose.
5. On his application form to this Tribunal the Applicant states that the incident occurred on the [ ]. This is at variance with the garda report submitted.
6. In either case it is apparent that this application was submitted outside the three-month period allowed for an application pursuant to the terms of the Scheme. For the purpose of completeness paragraph 21 of the relevant Scheme, now paragraph 20, “requires application to be made as soon as possible but except in circumstances determined by the Tribunal to justify exceptional treatment no later than three months after the date of the event giving rise to this injury”. The application in this case was submitted outside the three-month period and no explanation has been provided for the delayed application.
7. It is further noted the Criminal Injuries Compensation Tribunal on the [ ] wrote to [ ] enquiring whether he wished to pursue this claim and requesting that he furnish documentation to include original receipts and documentation in relation to out of pocket expenses.
8. No response was received as required by the [ ].
9. The Applicant who has failed to progress his claim or submit the required documentation to this Tribunal. Further this application was submitted outside the three-month period. No explanation has been provided for the lateness of the application and the application is therefore dismissed.
10. No award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
31 May 2022