52778 (15 April 2023)

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: 52778

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Award of €75 (Seventy-five euro).

1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].

2. The Applicant’s application concerns and incident which took place on [ ] where the Applicant was assaulted by two named assailants. The Applicant was visiting friends in [ ] for a barbeque. As the Applicant was standing in the back garden of his friends’ property, two males arrived who were clearly intoxicated. They subsequently commenced an unprovoked attack on the Applicant and beat him around the head. The Applicant managed to make good his escape into the house whereupon the Gardaí were contacted, arrived and arrested the assailants.

3. It is relevant that these assailants were subsequently apprehended by An Garda Síochána, charged and pleaded guilty to Section 2 assault before [ ] District Court on [ ] and each sentenced to [ ]. The Tribunal is therefore satisfied that the Applicant provided all requisite assistance to Gardaí and that he was the victim of a crime of violence.

4. The Applicant’s application form was sent by his solicitor by correspondence dated [ ], with a copy of the Applicant’s statement to Gardaí arriving by correspondence dated [ ]. The Tribunal Secretariat subsequently asked the Applicant (via his solicitor) to provide inter alia vouched details of his losses arising from the incident. Thereafter a prolonged period of correspondence was entered into between the Tribunal Secretariat and the Applicant’s solicitor in respect of the necessity for, and availability of, vouching documentation. It is not necessary for the purposes of this decision to comment on this correspondence save to say that by letter dated [ ] the Applicant’s solicitor confirms that the Applicant’s only vouched loss arising from the incident is €75 paid as a statutory in-patient charge to the HSE.

5. 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…’

In the instant case the application was received by the Tribunal on [ ], just over five months post incident. Prima facie this fact would exclude the Applicant from receiving compensation pursuant to Paragraph 21 of the Scheme. However, the Applicant states in his application form that he was unaware of the Scheme until informed of its existence by his solicitor. Further the Applicant states that he was due to marry shortly after this incident and that his attention was focussed on his recovery from the incident and, the Tribunal can infer, on his impending wedding [ ].

Taking all the above grounds into consideration, the Tribunal finds that they justify exceptional treatment of the application and the Tribunal will use its discretion to allow the application to proceed.

6. It should be stated that the Applicant was involved in a nasty, unprovoked incident which must have been deeply shocking for him. This was a particularly unpleasant experience for the Applicant as [ ].

7. The Applicant was beaten around the head and upper body by two assailants. The Applicant was subsequently taken by ambulance to [ ] General Hospital where he was treated for injuries to his left eye, nose and upper body. The Applicant was discharged from hospital on [ ]. The Applicant was prescribed antibiotics and painkillers for his injuries and appears to have attended follow up appointments with his General Practitioner to check on his recovery.

8. N/A.

9. The Tribunal is only permitted by the Scheme to make awards in respect of vouched out-of-pocket expenses incurred as a result of an Applicant being the victim of a crime of violence. In the instant case, the Applicant is only in a position to vouch out-of-pocket expenses in the sum of €75. Therefore the Tribunal makes a total award in the Applicant’s favour of €75.

Marc Murphy

Criminal Injuries Compensation Tribunal

15 April 2023