53193 (29 March 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

(1) The Scheme in being at the time of the application.

Name of applicant: [ ]

Application number: #53193

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award

[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

The Applicant’s claim is that he was walking along [ ] on [ ] when his face was slashed from behind, as someone tried to steal from him. The Applicant claims that he sustained injuries to his [ ], which required 20 stitches, in the attack, and that his [ ] was stolen from him by his assailant. The Applicant claims that he has visible scarring as a result of the attack and that he also suffered dental difficulties.

The Applicant’s claim is that he was taken by ambulance to the [ ] Hospital for treatment following the attack, having made a complaint to the Gardaí prior to the arrival of the ambulance. The Applicant also claims to have attended his GP, [ ], for treatment.

On [ ], the Tribunal wrote to the Applicant and set out in its correspondence the information it required in order to process and consider his claim. The Applicant did not respond.

Most recently, on [ ], the Tribunal wrote to the Applicant and enquired as to whether he wished to pursue his application further and if so, to confirm same with the Tribunal by [ ]. The Tribunal received no response.

Paragraph 11 of the Scheme states:

“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”

Also, pursuant to paragraph 26 of the Scheme, it is for an applicant to establish their claim.

In the opinion of the Tribunal the Applicant has not cooperated in providing it with all reasonable assistance so that it can consider his application, as required by paragraph 11 of the Scheme. In consequence, the Applicant has not established his claim, as required pursuant to paragraph 26 of the Scheme. Accordingly, no compensation can be paid, and no further consideration of this application is required.

No award

Nora Pat Stewart

29 March 2023