Publication
50789 (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: 50789
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Paragraph 11 of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant was assaulted by [ ] (“offender”) outside his local pub in [ ].
3. The applicant sustained a black eye and an undisplaced fracture of the left mandible. He attended A&E in [ ]. Subsequently, he received treatment in [ ]. No operative intervention was required.
4. The incident was reported by the applicant to [ ] Garda Station. The offender was apprehended and charged with assault. It is unclear if the offender was subsequently prosecuted.
5. The applicant advised the Tribunal that he was contemplating civil proceedings. It is unknown if the applicant actually pursued a civil case or received compensation from any party or entity regarding this incident. If the applicant was successful with his civil proceedings, the Tribunal should have been immediately advised of this, together with immediate confirmation on whether he intended to continue with his claim under the Scheme.
6. Paragraph 30 of the (pre-April 2021) Scheme states “the standard of proof which the Tribunal will apply to a determination of any claim will be the balance of probabilities”. The onus of proof therefore rests with the applicant to prove his claim. This standard applies to all elements of a claim including to the vouching of any out-of-pocket expenses incurred as a result of the incident.
7. The applicant advised the Tribunal that he sustained medical and other expenses. However, apart from one copy invoice from [ ] treatment totalling €40, no documentary proof of any kind whatsoever to vouch any further or other losses have ever been provided by the applicant to the Tribunal.
8. No contact has been received by the Tribunal for or on behalf of the applicant since he initially lodged this application on the [ ], over [ ] years ago. The Tribunal wrote to the applicant on the [ ] enquiring whether the applicant wished to advance his application. No response was received by the Tribunal to this correspondence.
9. Paragraph 11 of the (pre-April 2021) 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers and documentary proof of any losses claimed, to enable the Tribunal to conclude the claim.
10. The Tribunal, while satisfied that the applicant was the victim of a crime of violence and undoubtedly sustained severe personal injuries, finds that the applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply. For these reasons, the Tribunal declines to make an award in this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
13 May 2022