54217 (28 January 2024)

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: 54217

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Award of €3,403.55

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

2. On the [ ], the applicant was driving home when her path was obstructed by a gang of youth. She managed to manoeuvre her car and get through the obstruction. She got out of her car to check if all was okay, but a glass bottle was thrown at her and this shattered and cut her [ ] hand.

3. The matter was reported to [ ] Garda Station. The Gardai advise that no investigation has been carried out as no statement of complaint was made. The Gardai have not advised why a statement was not made.

4. The applicant was treated in [ ] Hospital. She required an operation to repair the extensor tendon of her [ ] hand.

5. The applicant is a [ ] worker. She was unable to return to work until the [ ]. She was not paid any sick pay by her employer but received social welfare. Her net loss is vouched in the sum of €3,403.55.

6. Paragraph 23 of the (pre-April 2021) Scheme states “To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardaí without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them. In this regard, it is noted that the applicant did report the incident to the Gardai and interacted with [ ] Garda Station. The Gardai have not advised why the applicant did not provide a statement of compliant, Further, the Gardai have not alleged that the applicant failed to co-operate with them in any manner. The Tribunal is entirely satisfied that the incident occurred as alleged by the applicant and applicant reported the incident without delay, in compliance with paragraph 23 of the Scheme. Further, the Gardai have not made any allegations that the applicant failed to co-operate with them in any manner. For the forgoing reasons, paragraph 23 will not be applied.

7. The application was received by the Tribunal over three months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme states that “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”. The application is one month late. The applicant was asked to advise why the application was late. The applicant stated that her injuries initially hindered her and that she was initially unaware of the Scheme. The Tribunal noted that the applicant sustained a nasty injury which required operative intervention. The applicant spent time as an impatient in [ ] Hospital. She was unable to work for three months. In the circumstances, the Tribunal finds that even if the applicant was aware of the Scheme, the applicant was physically hindered in pursuing her application any sooner than she did. For these reasons, the Tribunal finds that there are circumstances which justify exceptional treatment. Therefore, the Tribunal will admit this matter to the Scheme for consideration.

8. The Tribunal has no doubt that the applicant was the victim of an assault. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. Accordingly, the Tribunal will make an award to the applicant in respect of her vouched loss of earnings in the sum of €3,403.55.

David Culleton

Criminal Injuries Compensation Tribunal

28 January 2024