54258 (23 March 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: 54258

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

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 the victim of an armed robbery while working as a [ ] in the [ ]. The offender pointed a gun at the applicant and demanded him [ ].

3. The matter was investigated by [ ] Garda Station. The offender was prosecuted and sentenced to [ ] prison, [ ].

4. The applicant was severely traumatised by the frightening ordeal. The applicant sustained psychological injuries. He attended for treatment with his GP in [ ].

5. The applicant also felt abandoned by his employer, who he perceived had little regard for his safety and was more pre-occupied with getting the [ ] reopened after the armed robbery than he was for the applicant’s wellbeing.

6. The applicant has not put forward any claim in respect of any out-of-pocket expenses sustained. He was seeking mortgage approval at the time and believed it would damage his application if he took any time off work.

7. This application was submitted to the Tribunal almost twelve 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 applicant advised the Tribunal that the delay arose because the incident took a huge mental toll on him. The applicant also advised the Tribunal that he was waiting on the criminal proceedings to conclude. The Tribunal accepts that the applicant’s symptoms hindered the applicant making the application within the stipulated three month deadline. Accordingly, the Tribunal finds that applicant was unable to make the application any sooner than he did. The forgoing circumstances justify exceptional treatment and the Tribunal admits this application to the Scheme for consideration.

8. Paragraph 6 (e) of the Scheme stipulates that since the 1 January 2006, the Tribunal does not have the power to award damages for pain and suffering. The applicant was advised of this by the Tribunal’s Secretariat. The applicant stated that he might seek compensation form his employer’s insurers.

9. The Tribunal has no doubt that the applicant was the victim of a very frightening armed robbery. The Tribunal also has no doubt that the applicant sustained severe psychological symptoms which continue to endure. Unfortunately, it is not within the remit of the Tribunal to award compensation to the applicant for pain and suffering. If the Tribunal had the power to award such damages, the applicant would be a most and wholly deserving candidate. Hopefully, the applicant was successful with any civil case that he might have pursued and received compensation for his injuries.

10. In circumstances where the applicant has not put forward any claim for out of pocket expenses it is not possible for the Tribunal to make any award to the applicant.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

23 March 2024