Publication
51471 (17 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: 51471
Date of incident: [ ]
Date of application: [ ]
Outcome: Application refused pursuant to Paragraph 21.
1. [ ] 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, received on the [ ], the Applicant stated that he was sitting in his car outside the [ ] offices in [ ], when an assailant came up to his car and attacked him with a knife. The Applicant’s forehead, head, right-leg and right, little finger were slashed.
3. There is a Garda Report on file, dated the [ ]. The report states that the incident occurred on the [ ], in a car park outside the [ ] offices in [ ]. The matter was reported to the Gardaí by telephone. The incident was not witnessed by Gardaí. The report states that the Applicant sustained stab wounds to his head, leg and little finger. The report states that the assailant used [ ]. The assailant was sentenced to [ ] years in prison and no compensation was paid.
4. The Applicant has not submitted any out-of-pocket expenses and there are no vouched expenses on file. The Appellant has also not submitted any medical reports.
5. Paragraph 21 states that ‘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’.
6. The Applicant, in this, case did not bring his application within the requisite time- period. The Application was made eleven months following the assault.
7. The Applicant states, in his application form, that the reason for the delay was that he had no knowledge of the Tribunal until he attended his solicitor. Furthermore, the Applicant said that he was suffering from depression and post-traumatic stress. However, no medical reports have been submitted.
8. The Tribunal notes that there are no medical reports on file to suggest that the Applicant would have been unable to submit an application within the required time period due to depression or PTSD. Furthermore, the fact that the Applicant did not know about the scheme is not deemed an exceptional circumstances for extending time. The Tribunal finds, in the circumstances, that the Applicant has not discharged the burden of proof to show that exceptional circumstances exist which would allow it to extend the time in this case.
9. In the circumstances, the Applicant’s case must fail.
Majella Twomey
Criminal Injuries Compensation Tribunal
17 September 2022