Publication
23760 (12 July 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Case reference: 23760
Determination: Applying Paragraph 16 of the Scheme in place at the time of the application no award of compensation will be made.
1. By way of application form marked as received by the Criminal Injuries Compensation Tribunal (“The Tribunal”) on [ ], [ ] (“the applicant”) has made a claim for compensation from the Tribunal for injuries arising out of a crime of violence which took place on [ ].
2. In her statement accompanying her application form to the Tribunal, the applicant stated that on [ ], she met [ ] for a drink in [ ] in [ ]. The applicant decided to leave early because she noticed a change in [ ] behaviour towards her. [ ] followed the applicant home, and, according to witnesses, he [ ] and the applicant became [ ].
3. A number of passers-by saw this occur and an ambulance was called. The applicant was taken to the [ ] Hospital for treatment. She lost [ ] and a [ ] from her [ ].
4. Thereafter, the applicant attended Dr. [ ] of the [ ] hospital, [ ], as well as other specialist dental surgeons.
5. The applicant claims compensation for transport costs in relation to her medical consultations as well as compensation for past and future dental surgery costs.
6. The Tribunal has had the benefit of a Garda Report by Garda [ ], [ ] Garda Station which was sent to the Tribunal under cover of letter dated [ ]. The Garda Report confirms the facts of the circumstances of how the applicant received her injuries and further noted that [ ] subsequently pleaded guilty to Section 3 assault, and that [ ] paid the applicant [ ] compensation in [ ].
7. On [ ], the secretariat of the Tribunal wrote to the applicant’s solicitor requiring the applicant to submit receipts/vouchers in relation to all out-of-pocket expenses arising from her injuries.
8. On [ ], the applicant’s legal representative wrote to the Tribunal stating that the applicant had completed her treatment for the injuries sustained in [ ], and enclosing the following vouched expenses in support of her application:
a. [ ] - €450.00
b. [ ] - €140.00
c. [ ] Fee for Legal Medical Report - €230.00
9. In support of her application, the applicant’s legal representative submitted a schedule of medical expenses amounting to €3,950.00.
10. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative seeking original receipts for out-of-pocket expenses including medical expenses.
11. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative to enclose the Garda Report and informing them of the provisions of Paragraph 16 of the Scheme (discussed in further detail below).
12. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative enquiring whether the applicant still wished to pursue her application for compensation and, if so, to forward all outstanding original receipts and vouching documentation.
13. No response was received to this letter.
14. The following documents were furnished to the Tribunal Member for decision:
a. Application form signed by applicant on [ ], enclosing a personal statement;
b. Garda Report of Garda [ ], [ ] Garda Station;
c. Schedule of Medical Expenses;
d. Receipt: [ ], [ ]
e. Receipt: Dr. [ ], [ ]
f. Receipt: Dr. [ ] “For Legal Medical Report”
g. Correspondence between secretariat of the Tribunal and applicant’s legal representative.
15. Paragraph 21 of the Scheme in place at the time of the applicant’s application 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.” It is accepted that the applicant made her application to the Tribunal within the three-month period, and is therefore deemed admissible for determination.
16. It is noted that the Scheme provides that the Tribunal may pay compensation for vouched out-of-pocket expenses incurred in respect of personal injury, where the injury is directly attributable to a crime of violence. The Tribunal cannot award general damages or any compensatory award for the injuries suffered.
17. In [ ], the applicant’s legal representative submitted a schedule of medical expenses amounting to €3,950.00.
18. It is also noted that the Legal Medical Report referenced by Dr. [ ] is not in the applicant’s file which was sent for the Member of the Tribunal for determination. Therefore the only vouched expenses before the Tribunal are those listed above.
19. Paragraph 16 of the Scheme provides: “The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
20. The Garda Report submitted to the Tribunal states that the applicant’s assailant paid the applicant [ ] compensation in [ ].
21. Therefore, taking the applicant’s claim at its height, the compensation received by the applicant directly from the offender is greater than the compensation claimed from the Tribunal.
22. Applying Paragraph 16 of the Scheme, no award of compensation will be made.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
12 July 2022