52157 (20 October 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: 52157

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The applicant is awarded the sum of €107.21 under the Scheme.

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 for compensation under the Scheme, received on [ ], the applicant stated that he had suffered injuries at the [ ] in [ ] on [ ] when he was attacked by an assailant who stabbed him with a broken bottle. The applicant states that he received a deep laceration to the artery in his neck as a consequence of the attack.

3. It is clear from the Garda report that the assault was reported within hours do the gardai and that the applicant was the victim of an assault which resulted in criminal proceedings being brought against his assailant.

4. From the foregoing, I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. He has met all of the relevant deadlines to make an application under the Scheme. Accordingly, I admit the application for consideration under the Scheme.

5. The applicant required surgery to his neck as a result of the assault. It is stated on his application form that the injury will result in a scar, a view that the Garda report concurred with.

6. The applicant submitted invoices for the following items:

€75 HSE treatment, receipt dated [ ]

€32.21 Prescription and receipt for painkillers, dated [ ]

It appears to the Tribunal that these costs were directly associated with the criminal injury sustained and are recoverable as compensation.

7. In his application form the applicant asserted that due to his treatment he had not been able to take up a summer job, which had gone to somebody else. However no details of any loss of earnings were submitted. On [ ] the Tribunal Secretariat wrote to the applicant’s solicitor noting that the Scheme covers out of pocket expenses arising from the injury such as medical treatment, travel for it, and loss of earnings, and sought documentation substantiating any further claim, no response to this letter is on file. A follow-up was sent on [ ] which also elicited no response.

8. The Tribunal can only assess claims which are calculable losses and which are substantiated. In this case, the expenses which have been substantiated amount to €107.21 and an award is made in that sum.

9. The applicant is awarded €107.21 in compensation for the injuries criminally sustained by him on [ ].

Tricia Sheehy Skeffington

Member, Criminal Injuries Compensation Tribunal

20 October 2022