Publication
54977 (24 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: 54977
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal [ ])
Decision outcome: Award in the sum of €4,818.48.
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 during an incident on [ ], in the vicinity of [ ]. The applicant stated that he had been assaulted by an unknown male who had walked past the applicant minutes beforehand. The applicant was stabbed in the neck and scalp with a sharp implement by the unknown make who then made off. The applicant was bleeding heavily but managed to call for assistance from a passer-by. An ambulance later took the applicant to [ ] Hospital where he was detained for treatment before being discharged the following day. The applicant was prescribed painkillers upon discharge from hospital. He also received treatment from his GP and counselling. The applicant states that he experiences ongoing anxiety as a result of the incident.
3. There is a claim on file for vouched out-of-pocket expenses associated with the costs of treatment.
4. There is on file a letter from An Garda Síochána, dated [ ], to the applicant. The letter confirms that the matter had been fully investigated and that no one had been made amenable for the assault upon the applicant. The letter concludes: ‘… in the absence of relevant knew information this investigation cannot be progressed any further at this time.’
5. The applicant’s application for compensation was received by the Tribunal on [ ].
6. 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.’
7. 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.
8. 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.
9. The evidence on file establishes, to the requisite standard, that the applicant was the innocent victim of a violent assault. The Tribunal is satisfied that the applicant sustained injury which was directly attributable to a crime of violence and accordingly admits the application for consideration under the Scheme.
Dr [ ]: €500
Prescription costs: €718.48
Counselling costs: €3,500
A&E charge: €100
TOTAL: €4,818.48
10. The Tribunal therefore awards the applicant the sum of €4,818.48.
11. NA.
12. Final award: €4,818.48
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
24 January 2024