Publication
54308 (23 January 2024)
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: 54308
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal [ ])
Decision outcome: Final award in the sum of €2,245.
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 form, the applicant stated that he had sustained injury as a result of being assaulted by [ ] during an incident on [ ], in the vicinity of [ ]. In his application form the applicant stated that he sustained a broken nose, cuts and bruising to his face, a split lip requiring stitches and damage to his teeth for which he was still receiving treatment. The applicant was treated at the Emergency Department of [ ] Hospital on the date in question and subsequently received treatment from his GP. The only claim on file was for treatment in the aftermath of the incident which the applicant received from his dentist.
3. A Report from An Garda Síochána, dated [ ], was on file. The Report confirmed the applicant’s version of events as set out in the application form and further confirmed that the offender had been convicted in relation to the incident at [ ] Circuit Court on [ ] and had been sentenced to [ ] years’ imprisonment and was bound to keep the peace for [ ] months.
4. The applicant’s application for compensation was received by the Tribunal on [ ].
5. Paragraph 21 of the Scheme states:
‘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.’
6. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
7. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was submitted in accordance with paragraph 21 of the Scheme.
8. Having regard to the nature of the evidence contained on file the Tribunal is satisfied that the applicant sustained injury which was directly attributable to a crime of violence.
9. Invoice – [ ] Dental dated [ ] – €2,245.
16. NA
10. Final award: €2,245
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
23 January 2024