23567 (11 November 2022)

File Number – 23567

Criminal Injuries Compensation Tribunal

Applicant: [ ]

Date of incident: [ ]

Date application received: [ ]

That Applicant submitted that on the [ ] after drinking during the day the Applicant was assaulted by a man who became jealous when he was talking to his girlfriend. The assailant broke a glass into the Applicant’s face and then lodged it into his spine. The Applicant submits that as a result of the incident he had two significant scars on the side of his face and on his neck and also on the back of his neck. The Applicant submits that his [ ] arm is deadened from the thumb to the shoulder although he does have movement in his finger. He has no ability or strength in his [ ] arm. The Applicant submits that he has sustained permanent nerve damage to his arm and that he was an inpatient in [ ] Hospital for several weeks.

Pursuant to paragraph 20 of the Scheme applications should be made within three months of the incident unless there are exceptional circumstances so as to allow the Tribunal extend the time for admission to the Scheme. The Tribunal finds that there are exceptional circumstances in the instant case in circumstances where the Applicant’s injuries were so severe following the incident that it was reasonable that he would not be thinking about submitting an application to the Scheme while still in hospital. The Garda report in respect of the incident indicates that the Applicant did not inform the Gardaí who his assailant was when he first attended at the Garda station but later did state that he knew who the attacker was.

The Tribunal had the benefit of a vocational report prepared by [ ], vocational consultant, who set out that the Applicant had commenced an apprenticeship as an [ ] in or about [ ] and he had concluded three of seven phases. It is set out that the Applicant developed drug addiction at about this time and did not complete phase 4. In [ ] the Applicant returned to education through [ ] who offer support treatment and care after rehabilitation for drug users. Mr [ ] was involved in a [ ] year CE education and training programme where he completed several modules at [ ] level 3 and 4 relating to personal account development in addition to mathematics and computers. The report sets out that between leaving school in [ ] the Applicant commenced his apprenticeship and thereafter engaged in a series of casual jobs and was out of work for a period. The Applicant had been out of work since [ ] due to a combination of ongoing difficulties and was in receipt of social welfare payment illness benefit. Ms [ ]’s report notes that the Applicant suffers from facial scarring, [ ] shoulder pain, restricted movement, lumbar pain, difficulty when sitting, standing or walking and suffers in relation to his own personal care due to his [ ] arm difficulties. The report states that it is impossible to state whether or not Mr [ ] would have returned to his apprenticeship were it not for the assault given his personal history both in terms of his difficulties at college and his drug addiction. Ms [ ] finds that had Mr [ ] been in a position to return to his apprenticeship and indeed qualify as an [ ], the following rates of pay would have applied: for a third year apprentice in [ ] he would have been in receipt of €10.23 per hour and €12.60 per hour for a fourth year apprenticeship in [ ]. In [ ] his pay rate would have risen to €18.50 per hour, with this figure rising to €19.38 per hour in [ ] and €20.16 in 2006. Ms [ ] states that the current rate of pay for a qualified [ ] with over five years’ experience is €21.49 per hour. However, she notes that there was a downturn in the [ ] and the Applicant would have experienced periods of unemployment as a consequence of same. Ms [ ] concludes in terms of seeking alternative employment, due to his relatively young age it would be hoped that the Applicant would return to some form of employment in the future but his [ ] arm disabilities are factors that are going to negatively impact his ability to secure future commercial employment.

Pursuant to the terms of the Scheme the Tribunal may award losses for special damages claimed arising out of personal injuries sustained as a result of a crime of violence. While the Tribunal finds that the Applicant did sustain injuries which may impact on his future employment, the Tribunal finds that there is insufficient evidence before the Tribunal to conclude that the Applicant has sustained special damages arising out of the incident. The Tribunal finds that the Applicant’s prior work history together with his drug addiction indicate that the Applicant at the time of the incident was not in stable employment and was not progressing along any particular career path given that he had dropped out of the [ ] training that he had commenced. In the circumstances the Tribunal makes no award.

Dated: 11 November 2022

Signed: Mema Byrne BL