Foilsiú
51569 (26 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case reference: 51569
Decision: Pursuant to Paragraph 13 of the Scheme, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ].
3. In his application, the applicant stated that he was injured on [ ] at [ ] in the company of his girlfriend. The applicant’s girlfriend, who was also injured, has made her own application to the Tribunal.
4. The applicant stated that, as a result of a physical conflict with a group of unknown persons, he suffered a cut to his back requiring stitches, and bruising. He received treatment at the [ ] Hospital.
5. The applicant claims compensation for travel to hospital appointments, doctor’s fees and prescription charges.
6. In support of his application, the applicant submitted a copy of the statement he gave to An Garda Siochana at [ ] Garda Station on [ ]. He also provided a copy of a statement given by his girlfriend, and receipts for medical expenses.
7. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the applicant reported that he and his girlfriend were involved in a verbal altercation with a group [ ]. The applicant was attacked by this group, and fell to the ground where he received kicks to his head, ribs, back and ankles. The applicant received cuts to his back.
8. The Garda Report states that the applicant has an extensive criminal record with some 37 convictions including for firearms and offensive weapons offences, as well as public order offences. At the time of the Garda Report, the applicant had recently been released from prison.
9. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative enclosing the Garda Report and highlighting the provisions of Article 14 of the Scheme and inviting submissions on this topic.
10. On [ ] the applicant’s legal representative wrote to the Tribunal enclosing:
a. Statement from the Probation Service, re applicant (dated [ ]);
b. Statement provided by the applicant;
c. Statement provided by applicant’s girlfriend.
11. On [ ] the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue his claim, and, if so to submit any outstanding documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
12. No response to this letter is on file.
13. Paragraph 21 of the scheme which was in place at the time of the application states:
"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 the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
14. In his application, the applicant stated that he was injured on [ ], requiring him to make an application to the Tribunal before [ ]. However, the applicant’s application to the Tribunal was not received until [ ].
15. Question 2(f) of the application form states: “If it is over three months from the date of incident to date of submission of application, please give reasons for delay as requires [sic] under Article 21 of the Scheme.”
16. The applicant stated that his legal representative wrote to Gardai seeking a copy of his statement, and once it was received by the applicant’s solicitor, the application was immediately made.
17. I am satisfied that the application was made by the applicant’s legal representative immediately on receipt of his garda statement and therefore the claim will be accepted for determination notwithstanding the delay in making the application.
18. Article 13 of the Scheme provides for the following:
“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.”
19. Article 13 is a public policy measure which requires the Tribunal to assess the appropriateness of making an award for compensation having regard to the conduct of the victim of the crime of violence, his character or way of life.
20. It is clear from the Garda Report that the applicant had a significant list of previous convictions including having recently been released from a period of imprisonment.
21. The applicant’s legal representative was provided a copy of the Garda Report and alerted to this provision of the Scheme and invited to make submissions to the Tribunal on this issue. The applicant provided a written statement to the Tribunal to address the issues raised in the Garda Report and why Article 13 of the Scheme should not apply in this case. The applicant has also submitted a copy of a statement about the applicant from the Probation Service.
22. Nonetheless, having regard to number and frequency, as well as the nature of the applicant’s criminal convictions, it is therefore considered inappropriate for an award of compensation to be granted, having regard to the conduct, character or way of life of the victim.
23. Therefore, applying the provisions of Article 13, no award of compensation will be granted, and accordingly the application is refused.
Peter Stafford
Member, Criminal Injuries Compensation Tribunal
26 August 2022