Publication
50448 (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: 50448
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award of compensation as failure by the applicant to give the Tribunal all reasonable assistance.
1. [ ] (‘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, submitted by his solicitor under cover of letter dated [ ], the Applicant states that he was assaulted while drinking with a work colleague. He was attacked with a knife by the work colleague and another man in a house where he had been socializing after work.
3. The Applicant escaped and was treated in hospital for stab wounds to the back, and injuries to his left wrist and his face..
4. The Garda report dated [ ] indicated that the suspect was a [ ] who was no longer living in the country.
5. The Applicant’s form claims for loss of earnings, medical expenses and clothing. No supporting documents such as receipts were provided.
6. The Tribunal wrote to the Applicant by letter dated [ ] asking for supporting documentation in relation to the claimed loss of earnings. No response was received to the letter, or to a further letter of [ ] which enclosed the Garda report.
7. The Tribunal sent a further letter dated [ ] to the Applicant asking him to say whether he was pursuing the application, asking that if he did wish to pursue the claim to submit the documentation required, including original receipts and vouching documentation, and stating that the file would be passed to a Tribunal member for a decision after [ ] if the Tribunal did not hear from him. No response was received.
8. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
9. I am 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. Adequate supporting factual documentation outlining the nature of the injuries suffered was submitted. Accordingly, I admit the application for consideration under the Scheme.
10. The Scheme 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.”
11. From the foregoing lack of reply to the letters of [ ], [ ] and [ ], I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
12. The Applicant has established that he was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
13. The applicant has not replied to correspondence in relation to his application. Therefore I find that he has not given all reasonable assistance to the Tribunal as required. I therefore make no award of compensation.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022