Publication
53593 (28 December 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
File ref: 53593
Applicant: [ ]
Date of Incident: [ ]
Application form dated: [ ]
Received by Tribunal: [ ]
The Applicant has made application pursuant to the Scheme arising out of an alleged assault occurring on [ ]. A Garda Report, dated [ ] and Garda Statement of the investigating Garda, dated [ ] are available to the Tribunal. The Garda Statement indicates that on [ ], the Gardaí attended at the Applicant's address at [ ] and observed the Applicant sitting in his living room with his right leg elevated. There was a strong smell of intoxicating liquor from the Applicant, his speech was slurred and he was intoxicated. The Applicant stated that he had been assaulted and that he was struck with a [ ] on his right ankle. Paramedics offered to treat the Applicant at his home and also to convey him to hospital for treatment, however the Applicant declined medical attention and refused to go to hospital for treatment.
The Applicant alleged that he had been assaulted outside his house by a named individual at approximately 9.30pm, and that the individual had struck him with a [ ] into the right ankle.
Subsequently on [ ], the Garda became aware that the Applicant was in [ ] receiving treatment for a fractured right ankle. The Gardaí attended there and observed a cast on the Applicant's right leg. The Applicant informed the Gardaí that he had been receiving treatment there as he had sustained a fractured right ankle as a result of the alleged assault on [ ]. On [ ] the Garda received a medical report prepared by Dr. [ ], Consultant in Emergency Medicine at [ ]. Dr. [ ] concluded that the Applicant had sustained a fracture of the right ankle and categorised the assault as that constituting harm.
The Applicant has 57 previous convictions ranging in category from Offences under Section 3 and 15 of the Misuse of Drugs Act 1977/84, Arson, Burglary, Assault and Public Order Offences.
The Garda Statement indicates that criminal proceedings were instituted against the Applicant for 2 counts of Section 2 assault, on two named individuals. In addition to those charges, proceedings were also instituted against the Applicant for a breach of Section 6 of the Criminal Justice (Public Order) Act 1994.
Criminal proceedings were also taken against one of the aforesaid two named individuals, for Section 2 Assault on the Applicant, and a breach of Section 6 of the Criminal Justice (Public Order) Act 1994.
The Tribunal notes that the individual against whom criminal proceedings were instituted for assault on the Applicant, was not the same individual named by the Applicant on [ ].
The aforesaid respective criminal proceedings were listed for hearing at [ ] District Court on [ ], however the case was adjourned on the instructions from both parties' solicitors, that they each wished to withdraw their complaints in relation to this incident. The case was subsequently adjourned to a sitting at [ ] District Court [ ] on [ ] pending consent from the Office of the Director of Public Prosecutions to the withdrawal of the case from court.
The Garda Statement also indicates that no compensation was received by the Applicant from the named individual against whom criminal proceedings were instituted.
The Garda Report advises that the Applicant has withdrawn his statement of complaint and no longer wishes to pursue his complaint made with regard to the incident on [ ].
The within application has been made outside the 3 month time limit prescribed for making application, and no explanation has been furnished for the delay.
The Garda Statement indicates that proceedings were instituted against the Applicant for assault and a public order offence arising out of this incident. In addition the Applicant has a significant history of offending, with 57 previous convictions. The Tribunal is of the view that the provisions of Articles 13 and 14 of the Scheme will apply in this instance.
The Tribunal is also of the view that the Applicant has failed to cooperate with the Gardaí as the Applicant has withdrawn his complaint against the alleged perpetrator.
For these reasons, the Tribunal declines to make any award in this case and the application is refused.
Dated the 28 day of December 2020
Signed [ ]