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: #54151
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award: The Applicant has not established that injuries as claimed were sustained as a result of a crime of violence.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”). In his application, received by the Tribunal on the [ ], the Applicant claims that he was assaulted by unknown persons in an unprovoked attack on the [ ] at [ ] and that as a result three of his front teeth were broken/loosened and that he also sustained a severe laceration to his lip as well as facial and body bruising.
The Applicant claims that he visited [ ] Hospital for x rays and examination and that afterwards he reported the crime himself, to Garda [ ] at [ ] Garda Station.
The Applicant claims that he had to attend his GP, [ ], and his [ ], both of whom are based in [ ], as well as a clinical dental technician based in [ ] in respect of his injuries, and that he was off work for four days following the assault, from the [ ] to [ ].
In a Garda Report received by the Tribunal, Garda [ ] confirms that the Applicant presented at [ ] Garda Station on the [ ] at [ ] hours and alleged that he was assaulted at approximately [ ] on the same date. According to Garda [ ] the Applicant presented with a visible injury to his lip, his front left tooth had been lost and his front right tooth was loose.
Garda [ ] records that the Applicant could give no description of his alleged assailant(s) and no information in relation to what had led to the incident, nor to what had actually occurred. The Applicant reported that he had crossed the road towards the [ ] to flag a taxi and was then involved in a scuffle. He had no knowledge of who hit him, no description of the assailant(s) and he stated that there had been no words between himself and any other persons.
The Applicant also informed Garda [ ] that another male had helped to break up the scuffle and that he may have been called [ ]. The Applicant also suggested that the suspect(s) may have gone to the [ ] following the incident.
The Gardaí canvassed CCTV in the area of the reported assault, and what was available to them was viewed but deemed of no evidential value. CCTV footage of the [ ] was also viewed by the Gardaí, but no males were seen to enter the [ ] in the timeframe given. As no suspects had been identified by the Gardaí, no criminal proceedings had been taken against any person.
The Scheme provides that compensation claims made by those who suffer personal injuries directly attributable to a crime of violence may be considered by the Tribunal (Paragraph 1 of the Scheme). Notwithstanding that the Applicant reported the incident the subject matter of this application to the Gardaí without delay and that the Garda investigated the Applicant’s claims of an assault upon him, the Applicant has not established that his injuries were directly attributable to a crime of violence.
As the Applicant has not established that his injuries were directly attributable to a crime of violence, this application is not eligible for further consideration under the Scheme. Accordingly, no award can be made.
Nora Pat Stewart
30 May 2022