54782 (27 April 2023)

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: #54782

Date of incident: [ ] - [ ]

Date of application: [ ]

Decision outcome: The Applicant is awarded the sum of €8,888.42.

1. [ ] (the Applicant) has made a claim for compensation under the scheme for compensation for personal injuries criminally inflicted (“the scheme”).

2. In her application for compensation under the scheme dated the [ ] the Applicant stated that she had suffered injuries, to wit post-traumatic stress disorder, where she was the victim of a sustained campaign of unwanted advances, criminal threats and ultimately [ ].

3. The campaign of harassment that the Applicant was subjected to lasted between [ ] and [ ]. No application to the Tribunal was made within three months of the conclusion of that campaign of harassment. The Applicant’s application was received on the [ ]. In her application form the Applicant outlines that in [ ] she suffered a breakdown consisting of a significant psychological injury. This assertion coincides with a lengthy period of time which the Applicant was required to take off work and thus is accepted as amounting to exceptional circumstances such that the time limit for the application under the scheme of three months should be extended in this particular case.

4. The Applicant was the victim of the aforementioned campaign of harassment resulting ultimately in [ ]. The Defendant was tried on indictment at [ ] Circuit Court and ultimately pleaded guilty to charges including [ ] and [ ] receiving, in all, a total sentence of [ ] with [ ] and a period of [ ] probation thereafter, along with [ ]. This is established from documentation provided by An Garda Siochana.

5. By way of letter dated the [ ] [ ], Accredited Counsellor and Therapist has provided an opinion that the Applicant meets all the criteria in the DSM-5 for diagnosis of PTSD. [ ] further postulates that the Applicant’s symptoms are consistent with a diagnosis of post-traumatic stress disorder which she intends to treat her for.

6. From the foregoing I am satisfied that the Applicant has established, on the balance of probabilities that she was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. Accordingly, I admit the application for admission under the scheme.

7. The Applicant submitted invoices for the following items:

8. A Certificate from her employer, [ ], indicating a net loss of earnings over a period of 20 weeks from the [ ] to the [ ] and thereafter from the [ ] until the [ ], in the total net sum of €12,428.42.

9. In addition certification has been received from the Department of Social Welfare covering Illness Benefit received over the course of those two periods in the total sum of €4,060.

10. The Applicant has indicated in her application form that while she has returned to work she is only working part time at the moment. She indicates that she doesn’t know when, or if she will be able to return to work full time. No certificates have been received from her doctor indicating an inability to work full time and furthermore no certificates have been received indicating the reduction in her income. In addition no certificate has been received identifying how long this inability to work full time will continue.

11. Paragraph 13 of the scheme provides for a reduction of an award or making of no award at all if the Applicant was responsible in some manner, for the injuries for which she sustained. The Applicant was the innocent victim in this matter. I am satisfied that paragraph 13 has no application.

12. Paragraph 14 of the scheme permits a withholding or refusal of compensation having regard to the Applicant’s criminal record, character, or way of life. I am satisfied that paragraph 14 has no application to the within proceedings.

13. The Applicant has in addition identified that an invoice for €520 paid to her Psychotherapist.

14. There is a reference in the Applicant’s application form to the incurring of medical expenses to wit €213 for prescription medication, unfortunately no voucher has been received to certify this cost.

15. Make an award in the Applicant’s favour in the sum of €8,888.42.

Name of Tribunal Member: Damian Sheridan B.L.

Criminal Injuries Compensation Tribunal

27 April 2023