Publication
52405 (15 December 2014)
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 No. 52405
Applicant: [ ]
Date of Incident: [ ]
Date Tribunal Notified: [ ]. This application was brought outside the three month time limit provided for in Article 21 of the Scheme.
The Applicant was involved in an incident at [ ] in the [ ] on [ ] [ ]. Over the course of an evening which involved the consumption of a large amount of alcohol the Applicant went outside the public house to smoke a cigarette with a friend of his. At the same time two other men also went out for a cigarette. Thereafter all the individuals engaged in a conversation which ultimately became fractious. This resulted in the Applicant confronting one of the other individuals wherein the other individual restrained him wherein the Applicant confronted this individual went "head to head". Thereafter the Applicant then again went "head to head" with the other individual. The Applicant then stumbled forward wherein his assailant punched him one time into the mouth. Proceedings were taken against the assailant at the Court in [ ] wherein on [ ] he was convicted of assault. A compensation order was made in Court.
The above has been verified by An Garda Siochana.
Article 21 of the Scheme provides 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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of commencement (subject, also, to the foregoing exception)."
The application was made approximately twenty two months after the incident and the Applicant explains this delay that he was unaware of the Tribunal and he had hoped to receive compensation through the Court.
Article 14 states:
"No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his or her character or way of life make it inappropriate that an award should be granted and the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim."
The application herein was made 22 months after the incident and as such was considerably outside the time limit provided for by Article 21 of the Scheme. Article 14 of the Scheme states that no compensation will be payable where the Tribunal feels the conduct of the Applicant makes it inappropriate to do so. In light of same I refuse the Application.
[ ]
15 December 2014