Publication
24029 (25 July 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: 24029
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to paragraph 11.
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, submitted on the [ ], but notified to the Tribunal on the [ ], the Applicant states that he was the victim of an unprovoked assault, at [ ] on the [ ], when he was walking his girlfriend home. He said that they encountered 10-12 fellows on the corner and he was struck on the side of the jaw with what he believed to be a [ ]. His girlfriend’s phone was taken from her in the attack. The Applicant has a wrist bracelet, watch and two phones stolen from him. The Applicant was hospitalized the next day and his jaw was broken in three places.
3. There is a Garda report on file dated the [ ]. It states that the incident occurred on the [ ] and was reported to Garda [ ] at [ ] Garda Station, following the incident. The Applicant was admitted to hospital the following day with a fractured mandible. He was transferred to [ ] Hospital for treatment. The Garda report corroborates the Applicant’s version of events and states that the Applicant has no previous convictions. On the [ ], Mr. [ ] was convicted of assault causing harm to the Applicant. The report said that he paid €750 to the Applicant and [ ] received the benefit of The Probation Act.
4. The Applicant submitted a number of pharmacy receipts and a letter from [ ] stating that the Applicant’s net total loss of earnings was €4,500. He submitted a P60 dated the [ ], to show that his gross pay was €39,000 for [ ]. He also submitted wage slips from [ ] to show his net wages were €750 per week. There are no wage slips from [ ].
5. There is a letter from The Department of Social and Family Affairs dated the [ ], stating that the Applicant received €898.70 in disability benefit from the [ ] to the [ ].
7. The Applicant’s application was not brought within three months of the alleged crime. However, it appears from the face of the record that the application was notified to the Tribunal within the required three months on the [ ]. Considering the fact that this is noted on the application form, it is accepted that the application was made within the required timeframe.
8. The Applicant claims to have been the victim of crime of violence of an unprovoked assault on the [ ].
9. It is noted that the Applicant reported the alleged incident to the Gardaí on the date in question and there is a Garda report on file to corroborate this version of events. It is accepted on the balance of probabilities that he was the victim of a crime of violence.
10. The Applicant has provided the Tribunal with a number of prescription receipts, a letter from his then employer, a P60 dated the [ ] and a number of payslips dated [ ]. There is also a valuation for a bracelet and a Quartz watch in the sum of €1,300.
11. A letter was sent to the Applicant on the [ ], from the Tribunal, explaining that personal property such as jewellery is not covered under the scheme.
12. A further letter was sent to the Applicant’s Solicitor [ ] on the [ ]. The letter asked the Applicant to submit payslips for the month prior to the accident. No response was received in relation to that letter.
13. A further letter was to Mr [ ] on the [ ] stating that the original application should be submitted and not a photocopy, that the net loss of earnings had not been submitted to the Tribunal and seeking confirmation that the Applicant had received the €750 in compensation from the perpetrator. There was no response to this letter.
14. A final letter was sent to the Applicant on the [ ], asking if the Applicant still wanted to pursue this claim. The letter sought further information in relation to vouching and out of pocket expenses. No response was received.
15. Paragraph 11 of the original scheme states that ‘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’.
16. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of submitting clear vouching information in relation to out-of-pocket expenses for loss of earnings. The Applicant submitted payslips for [ ] but not [ ], as requested. Furthermore, no compensation can be given in relation to damage to property. In the circumstances, the Tribunal finds that no compensation is allowable in this case.
Majella Twomey
Criminal Injuries Compensation Tribunal
25 July 2022