Foilsiú
51655 (8 September 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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 51655
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant was the victim of an unprovoked assault by a younger male who was involved in an argument with the Applicant’s sister causing him to sustain personal injury. The Applicant suffered a dislodged front upper tooth, a cut lip and bruising under his nose.
The incident in this case was reported by the Applicant to An Garda Siochana at [ ] Garda Station on the date of the incident on [ ]. He later made a formal statement of complaint and the incident was investigated. The perpetrator, [ ], was prosecuted for an offence of assault causing harm under Section 3 of the Non-Fatal Offences Against the Person Act and received a sentence of [ ] imprisonment. No compensation was paid to the Applicant at any time.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Article 21 of the General Scheme (pre-April 2021) 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”. In this case, the application was received on the [ ] and is therefore within time.
The Applicant was in receipt of lone parent allowances through the local welfare officer in [ ] at the time of the incident and had the benefit of a medical card.
The Applicant submitted no receipts for out-of-pocket expenses. The application form discloses no potential recoverable expense save potentially small amounts for travel and medication; however these expenses have not been vouched at any stage.
The Applicant was the victim of a crime of violence which occurred on the [ ] in [ ] Town when he sustained personal injury. The perpetrator was prosecuted and sentenced to [ ] imprisonment.
The Tribunal has no power to award general damages for personal injury. The Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses. Amounts claimed must be vouched and/or supported by appropriate documentation. In this case, no receipt or document has been submitted to vouch any out-of-pocket expense.
In the circumstances, the Tribunal makes no award.
Dated the 8th day of September 2022
Cathal Lombard
Tribunal Member