Foilsiú
52819 (6 July 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
File Number - 52819
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
The Applicant submitted that he was out on the evening of the [ ] playing bowls and meeting friends for a few drinks afterwards. The Applicant submitted that about 1am on the [ ] he was leaving the bar with a number of friends when they were chased by a group of people they did not know. One of the Applicant’s friends got a hit and fell straight to the ground and was not moving. As a result, the Applicant reached down to assist his friend and shouted out that he was calling the Guards. The Applicant was hit in the back of the head with a [ ] and then hit in the mouth area with the [ ].
The Applicant submitted that he was hit with full force with the [ ]. The Applicant spent two nights in [ ] Hospital and one night in [ ] Hospital as a result of the incident. The Applicant had reconstructive surgery to his lower lip and the chin region. The roof of his mouth was damaged and required surgery. As a result of the incident the Applicant did not return to college on the appointed date and submitted that as a result of not starting he fell behind in his studies and ultimately took a decision to take a break from the studies. At the time of the application, he had still not returned to full time education.
The Garda report in respect of the incident records that [ ] were charged in relation to the incident at [ ] Court following a guilty plea. The Judge ordered each offender to pay €3,000 to each of the injured parties by [ ]. At the date of the Garda report no compensation had been paid. The Garda report is dated the [ ].
Pursuant to paragraph 19 of the Scheme, applications should be made within three months of the date of injury. The Applicant’s application was received outside the three month time limit provided for in the Scheme. However, in his application form the Applicant sets out that although the assault occurred in [ ], the treatment to repair his facial injuries did not conclude until [ ]. In the circumstances the Tribunal finds that there are exceptional circumstances so as to allow the late application to the Scheme given the severity of his injuries and the fact that the application was made just outline the time limit.
The Applicant submitted a receipt for his college course for the year [ ] which said course he did not finish. The student contribution in respect at the receipt was €2,500. The Applicant submitted a number of dental receipts which the Tribunal has aggregated and finds amount to €6,025. By letter dated the [ ] the Tribunal wrote to the Applicant and confirmed receipts totalling €6,940.75 (this figure appears to have been miscalculated) and requested the Applicant to state whether it was his intention to complete his university studies and if so to furnish details of the cost of the repeat year with supporting evidence. No response was received to that correspondence.
By letter dated the [ ] the Tribunal wrote to the Applicant and requested the Applicant to submit any further original receipts and vouching documentation in regard of his out of pocket expenses from the personal injuries. No response was received to that correspondence.
The Tribunal accepts that due to the severity of the injuries that exceptional circumstances existed so as to extent the time to allow the application to the Scheme. In the circumstances the Tribunal awards €6,025 in respect of dental work carried out to the Applicant, €200 for unvouched travelling expenses in respect of dental appointments and €2,500 in respect of fees paid for an academic course which the Applicant found himself unable to attend as a result of the injuries sustained in the incident. This sum totals €8,725. Pursuant to paragraph 15 of the Scheme:
“The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury”.
The Applicant was awarded €3,000 in compensation as a result of the injuries and therefore this sum must be deducted from €8,725 pursuant to the provisions of the Scheme.
In the circumstances the Tribunal awards €5,725 to the Applicant.
Dated: 6 July 2022
Signed: Mema Byrne BL