Foilsiú
52774 (12 August 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: 52774
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the conduct of the applicant makes it inappropriate that he should be granted an award, and further a failure to give all reasonable assistance under Article 10 of the Scheme.
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 (who was born on [ ]) outlined that he was assaulted at his home. He states that persons broke into his house, ran upstairs and attacked him with knives, stabbing him repeatedly to his head, chest, left arm and right hand.
3. No medical report was submitted.
4. The only receipt for expenses submitted was in the sum of €137.60 for copies of his medical reports from the hospital.
5. The Garda Report dated [ ] outlines the circumstances of the incident in question. It states that two individuals known to the applicant attacked him and his family at his home. It also states that the applicant has 33 previous convictions.
6. Article 13 of the Scheme (formerly Article 14) provides as follows:
“No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim.”
7. In the circumstances outlined in the Garda Report, I find that the conduct of the applicant in relation to the incident outlined make it inappropriate that he should be granted an award. I take into account that the Garda Report states that the persons who perpetrated the assault on the applicant were known to him, and that he has 33 previous convictions.
8. Further, the Tribunal wrote to the applicant’s solicitor on [ ], seeking further information from the applicant and also confirmation that he wished to proceed with the application. There was no response to this correspondence.
9. The Tribunal wrote again to the applicant’s solicitor on [ ], notifying them that if there was no response to correspondence, the matter would be put before a Member for a decision. There was no response to this correspondence.
10. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme, and I find that no compensation is payable to the applicant.
11. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
12 August 2022