Publication
52716 (13 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
File Number – 52716
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
On the [ ] the Applicant was stabbed in the eye in an unprovoked attack just as he was about to leave [ ]. In an effort to protect himself he put up his hands and the perpetrator slashed at his wrists. When the Applicant turned away he was then stabbed in the back several times resulting in a collapsed lung on the left hand side. The perpetrators wanted the Applicant’s ATM card which he gave them together with his pin number as he was in fear of his life. One of the perpetrators stayed with the Applicant whilst the others went to his bank account and came back and nodded at the perpetrator who had remained with the Applicant. The perpetrators then threatened the Applicant and left the premises. The Applicant was left in a pool of blood as a result of the incident and managed to get to a neighbour who called an ambulance.
Paragraph 20 of the Scheme provides “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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of application”.
In the circumstances where the application was made outside the time limits provided for within the Scheme, the Tribunal finds that no circumstances exist so as to justify exceptional treatment of the application for extending the time limit. The application is deemed to have been received outside the time limits provided for within the Scheme.
On the [ ] the Tribunal wrote to the Applicant and requested that he provide original receipts in respect of any payments he made as a result of his injuries. No response was received to that letter. On the [ ] the Tribunal wrote to the Applicant again and requested original receipts in respect of out-of-pocket expenses in relation to the incident. On the [ ] the Tribunal wrote to the Applicant and informed him that the file would be sent to a Tribunal member for a decision on the [ ] if no response was received to its correspondence. Whilst the Applicant undoubtedly was the victim of a horrific assault no evidence was submitted to show that the Applicant suffered special damages and no vouchers or receipts were received by the Tribunal in respect of any out-of-pocket expenses relating to the incident. In the circumstances the Tribunal makes no award.
Dated: 13 May 2022
Signed: Mema Byrne BL