Foilsiú
52270 (20 October 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.
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: 52270
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application has not been sufficiently substantiated.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on [ ], the applicant stated that he had suffered injuries when he was punched to the ground and his head hit concrete on [ ]. The applicant states that assault caused an acquired brain injury and deafness in one ear.
3. In the normal course an application must be made within 3 months of the incident giving rise to the claim, under para 20 (formerly 21) of the Scheme. However the Tribunal has discretion to extend this timeframe where the circumstances warrant exceptional treatment.
4. In this case the applicant’s injuries put him in a coma for a week. Medical reports substantiate that he suffered a post traumatic brain injury and cognitive impairment. The Tribunal finds that these to be circumstances that warrant the exceptional treatment of allowing the application to be considered outside the normal timeframe.
5. It is clear that the applicant suffered an injury as a result of a criminal assault. The assault was witnessed by the Gardai. As such the applicant has established on the balance of probabilities that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
6. However three further hurdles must be considered. The first two are restrictions imposed by the Scheme where the applicant may be considered either blameworthy or not amenable to an award of compensation on policy grounds. The third hurdle is practical: whether the applicant has given sufficient information such that the claim can be adequately assessed.
7. The first hurdle arises from the garda report which indicates that the assault was preceded by the applicant speaking in an aggressive manner to his assailant. The second hurdle arises from the same report, in which the applicant’s large number of criminal convictions are listed. These include 18 for public order offences, 2 for assault causing harm and one for assault simpliciter, 1 for possession of an article with intent to cause injury, and a small number of drugs related offences, including for sale or supply. On the other hand the applicant’s assailant was noted as not having come to garda attention other than in respect of this assault.
8. By letter of [ ] the Tribunal Secretariat wrote to the applicant noting two provisions of the Scheme which may impact on his claim given the content of the Garda report. The first is para 13 (as it was then) which states that no compensation or reduced compensation is payable where the Tribunal finds that full or partial responsibility for the injuries lies with the applicant. Secondly, para 14 (as it was then) allows the limitation or exclusion of compensation where the Tribunal is satisfied that the applicant’s conduct, character or way of life renders that appropriate. The Secretariat requested that the applicant comment on these provisions of the Scheme, such that his views could be taken into account when coming to this decision.
9. It appears that no reply was received to that letter and a follow-up was sent on [ ]. No reply was received to that letter.
10. Whether or not paras 13 or 14 of the Scheme apply would fall to be assessed but for the third hurdle affecting this case. This is that the applicant has submitted no details by which the extent of his claim can be assessed. In this regard it should be noted that under para 6 of the Scheme only out-of-pocket expenses can be awarded (ie no damages for the general pain and suffering caused by a criminal injury are compensated). It is for the applicant to put his case forward. In this case losses might be substantiated by an applicant supplying receipts or details of lost income through employers’ letters or P60s from the relevant periods.
11. In this case no such losses were set out on the application form or the documents sent to accompany it. Albeit it states that travel to a clinic was required, it does not state the extent of this travel (ie how many journeys over what timescale). The form also states that all treatment was covered by the Medical Card. As such, no assessable items have been put forward which could be the basis of any award.
12. As no claim for expenses or losses has been substantiated, no award can be assessed in this case.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
20 October 2022