Publication
51565 (6 September 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: #51565
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No compensation awarded as failure 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, the Applicant says that he was the victim of an assault by [ ] when leaving a fast food shop in [ ] town. He says that he was knocked to the ground and was repeatedly punched. He was taken by hospital to [ ] Hospital and was discharged after three hours. The Applicant says that he suffered facial injuries and injuries to his ribs as well as bruising. He says that he suffered a permanent facial scar and may require plastic surgery in the future, and that he had paid for a taxi home from the hospital.
3. The Tribunal acknowledged the application. A Garda report from Garda [ ] dated [ ] stated that the assault took place at 3 a.m. on [ ], and that on viewing cctv footage it was apparent that this was an unprovoked attack on the Applicant, wherein he was kicked and struck a number of times around the head. It was stated that the suspected assailant had a number of previous conviction for [ ] offences. On [ ], the offender was given an [ ]-month prison sentence for the assault and no compensation was paid to the Applicant.
4. The Tribunal wrote to the Applicant on [ ] providing the Garda report and seeking documentary evidence for any expenses claimed, including loss of earnings, and enquiring as to whether his injuries had settled, and if so that the Tribunal required a medical report. No reply was received to this letter. A further letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter.
5. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
6. 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. Accordingly, I admit the application for consideration under the Scheme.
7. 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.”
8. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
9. The Applicant has established that he was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
10. The Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, I make no award of compensation under the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
6 September 2022