Foilsiú
53928 (4 September 2023)
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: 53928
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 alleges that he was the victim of an assaulted by his housemate, [ ] (“offender”). The assault arose as a consequence of a dispute between the applicant and offender regarding the renewal of the lease of their rented property.
3. The applicant alleges that he was placed in a headlock by the offender. The applicant sustained bruising to his neck. He subsequently developed PTSD.
4. The incident was reported to [ ] Garda Station. It is understood that the offender denied that he assaulted the applicant. The offender blamed the applicant for starting the physical altercation and he refused to confirm that he applied pressure to the applicant’s neck. It is noted that the investigating Garda believe that the applicant had provided a more consistent version of the incident (than the offender).
5. The offender was charged with S3 assault. It is unclear if the offender was ever prosecuted.
6. The applicant was employed at the time of the incident. He was certified as medically unfit to work on a fulltime basis and was absent 78 days. He also incurred medical, prescription and travelling expenses.
7. It is also noted that this application was submitted to the Tribunal over seven 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’s medical reports record that he suffered from PTSD, which caused him significant personal suffering and prevented him for working for 78 days. This injury would have impeded the applicant from making the application any sooner than he did and therefore would account for why the delay in making the application within the requisite time-limit. Accordingly, this late application justifies receiving exceptional treatment and the Tribunal will admit it to the Scheme for consideration.
8. Paragraph 10 of the pre-April 2021 Scheme states that “No compensation will be payable where the offender and the victim were living together as members of the same household at the time the injuries were inflicted”. While there appears no universally accepted legal definition of what constitutes a “household”, it appears that a “household” refers to a group of people living together and sharing accommodation and facilities. There is no requirement for the people residing together to be a family unit. The applicant and the offender had been living together in rented accommodation since an unknown date in [ ].
9. The Tribunal notes that there are conflicting versions of events of the incident, however, the Tribunal finds that the incident occurred as described by the applicant and therefore that the applicant was assaulted as alleged.
10. The Tribunal finds that the applicant and the offender had been living together as member of the same household at the time the injuries were inflicted. However, and very regrettably, in circumstances where the victim and offender were living together as members of the same household at the time of the incident, the Tribunal has no option but to find that paragraph 10 of the Scheme applies and therefore cannot award any compensation to the applicant.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
4 September 2023