Foilsiú
51664 (16 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: 51664
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from a violent crime which occurred on the night of the [ ] in [ ]. The Applicant was assaulted by [ ] outside a nightclub. The Applicant suffered fractures to his jaw bilaterally and six broken teeth.
The incident in this case was reported immediately to An Garda Siochana at the scene and the Applicant subsequently made a formal statement of complaint. The incident was investigated and two of the perpetrators were prosecuted for assault causing harm at [ ] Court. The Applicant received a total of [ ] in compensation as part of the criminal proceedings.
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.
Paragraph 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 was substantially late, being submitted more than two and a half years after the incident occurred.
Paragraph 2(f) of the Application Form states “If it over three months from date of incident to date of submission of application, please give reasons for delay as requires under Article 21 of the Scheme”. No reason was provided by the Applicant.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ] when he sustained serious personal injury. Two of the perpetrators were prosecuted and convicted in relation to the incident. The Applicant received [ ] in compensation.
The completed application was received by the Tribunal on the [ ] and was very substantially late. The Applicant has not offered any explanation for the very late application and there is simply no circumstances outlined upon which the Tribunal could find a justification for exceptional treatment such that the application could be admissible under Paragraph 21.
In the circumstances, the Tribunal makes no award.
Dated the 16th day of September 2022
Cathal Lombard
Tribunal Member