Foilsiú
51975 (21 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.
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 incident: [ ]
Date of application: [ ]
Case reference: 51975
Decision: Pursuant to Paragraph 16 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 [ ] and submitted under cover of letter dated [ ].
3. In his application, the applicant stated that he was injured on [ ] on [ ] by [ ].
4. The applicant stated that he suffered injury to his left eyebrow which required stitches, He suffered damage to his teeth, necessitating expensive dental work, and experienced bruising to the body. The applicant attended [ ] Hospital and thereafter received treatment from his GP and dentist. The applicant was absent from work for two days.
5. The applicant claims compensation amounting to €100 for hospital costs and €900 for dental fees.
6. The applicant enclosed a copy of a receipt for dental fees of €900.
7. With respect to the delay in making an application, the applicant stated that he was awaiting the outcome of criminal proceedings against his assailant before submitting his application. The applicant stated that the offender was convicted in District Court but appealed the severity of his sentence to the Circuit Court. These proceeding were ongoing at the time of the application. The applicant stated that during the course of these proceedings, the judge recommended that an application be made to the Tribunal.
8. The Tribunal has had the benefit of the statement made by the applicant to An Garda Siochana on [ ]. The applicant stated that he had been injured in an unprovoked attack in [ ] by unknown persons who became verbally abusive towards him. The applicant ran off but the assailant caught up with him in a [ ], and he received a kick to the face. The applicant was approached by Gardai who assisted him to [ ] Hospital for treatment to his eye and teeth.
9. The Tribunal has had the benefit of a Garda Report dated [ ] which confirms the details of the event in the applicant’s statement.
10. The Garda Report states that the applicant received €5,000 compensation from his assailant who was convicted of Section 3 assault.
11. On [ ], the secretariat of the Tribunal wrote to the applicant enclosing the Garda Report and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings. The applicant’s solicitor was alerted to the provisions of the Scheme requiring the Tribunal to deduct the amount of any compensation received from the offender from any award that might be made by the Tribunal under the Scheme.
12. 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 the 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.
13. No response to this letter is on file.
14. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
15. Paragraph 16 of the Scheme provides: “The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
16. The only expenses which are properly before the Tribunal relate to dental expenses.
17. The Garda Report states that the applicant received €5,000 in compensation from the assailant.
18. On [ ] the Secretariat of the Tribunal wrote to the applicant informing him of the provisions of Paragraph 16 of the Scheme which require the Tribunal to deduct this amount from any award of compensation. There is no evidence before the Tribunal to show that the applicant incurred any further expenses in excess of the €5,000 which he had previously obtained in compensation.
19. Therefore, there is no information before the Tribunal to suggest that the provisions of Paragraph 16 of the Scheme should not apply in this case.
20. As the amount of compensation received by the applicant in respect of his injuries sustained exceeds the amount claimed by the applicant for out-of-pocket expenses, no award of compensation will be paid.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
21 October 2022