50608 (27 May 2022)

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: 50608

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable as failure to give all reasonable assistance under Article 10 of the Scheme.

1. Mr. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that on [ ] he was socialising in [ ] city. He states that he was asking for directions to a taxi rank when he was suddenly assaulted from behind. He states that he received a blow to the jaw and fell to the ground, where his head and elbow struck the ground. He states that he was unconscious for approximately two minutes. He states that he was brought to hospital and received treatment for his wounds, which included stitches. He stated further that he had received a chip to a front tooth. Photographs of his injuries were contained in the Tribunal file.

3. No medical report was submitted. There were no receipts submitted in relation to any expenses incurred.

4. The Garda Report dated [ ] confirmed the applicant’s version of events.

Article 10 – obligation to give all reasonable assistance to the Tribunal

5. The Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.

6. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.

7. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

27 May 2022