Publication
54001 (1 September 2023)
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: 54001
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal [ ])
Decision outcome: Award in the sum of €474.38
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 form, the applicant stated that he had sustained injury on [ ] at [ ], as a result of being the victim of an assault.
3. The applicant met his girlfriend and friends at a local public house after working a shift in a [ ] where he worked as [ ]. At the end of the night, the applicant and his girlfriend were walking [ ] on their way home when, without warning, they were attacked by an offender, [ ]. The applicant and his girlfriend were stabbed with a knife which [ ] had been carrying.
4. As a result of the assault, the applicant stated that he had suffered laceration injuries to his right arm and elbow. He attended [ ] Hospital for in-patient and out-patient treatment for his injuries. The applicant claimed for the cost of travelling to and from medical appointments, medical expenses and the costs of physiotherapy. There was no loss of wages. No other losses were specified in the applicant’s application form.
5. A Report from An Garda Síochána, dated [ ], was on file. The Report corroborated set out by the applicant in his application form. In material part, the Report stated: ‘This was a totally unprovoked attack where the suspect where the suspect exited his residence on [ ] and stabbed [ ] and his partner. The suspect was subsequently identified, arrested and charged to court where he was remanded in custody. [ ].
6. Paragraph 21 of the Scheme states:
‘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.’
7. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
8. In this instance, the application form was submitted in accordance with paragraph 21 of the Scheme. Accordingly, the Tribunal admitted the application for consideration under the Scheme.
9. Having regard to the nature of the evidence contained on file the Tribunal was satisfied that the applicant sustained injury which was directly attributable to a crime of violence. On the face of the Garda report, the Tribunal was satisfied that the applicant was the innocent victim of an unprovoked attack.
10. Total vouched receipts: €474.38
11. Under the terms of the Scheme, there is no provision for the payment of general damages for pain and suffering.
12. NA.
Final award: €474.38
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
1 September 2023