Foilsiú
50944 (27 May 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: 50944
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 11 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 original Scheme, dated the [ ] and received [ ] notwithstanding that the CICT application states it occurred on the [ ]. The report states that the Applicant was stabbed and admitted to [ ] Hospital where he remained until the [ ]. The report states that the Applicant was stabbed ten times in the right shoulder and right lower back. He also received a laceration to the [ ]. The report states that the Applicant has a criminal record and a number of convictions for public order, common assault and burglary.
3. The Garda report states that two men were charged with Section 3 of The Non-Fatal Offences Against the Persons Act 1997, in relation to the stabbing. The matter was to be disposed of in the Circuit Court. There was no evidence to suggest that compensation had been paid.
4. There is no medical report on file.
5. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.
6. It is noted that the application form states that the date of the incident was the [ ]. However, the Garda report clarifies that the incident, in fact, occurred on the [ ].
7. The Applicant claims to have been the victim of crime on the [ ].
8. In circumstances where the Applicant reported the incident to the Gardaí and where two individuals were identified to be prosecuted, it is accepted, on the balance of probabilities, that the Applicant was the victim of a crime. It is also noted that the Applicant had to be treated in hospital following the attack.
9. The Applicant did not set out any expenses in his application nor are there any vouched expenses on file.
10. The Tribunal wrote to the applicant on the [ ], seeking further information such as vouched receipts for the Applicant’s out of pocket expenses, details regarding absence from work and details of net loss of earnings. The Applicant did not respond to this letter.
11. The Tribunal wrote to the applicant again on the [ ], stating that no response had been received from previous correspondence and requested him to contact the Tribunal by the [ ], to indicate if he intended on proceeding with his application. There is no evidence on file to suggest that the Applicant responded to this letter either.
12. The Applicant has failed to provide the Tribunal with any vouched expenses which occurred as a result of the crime, nor has he engaged with the requests raised by the Tribunal.
13. Paragraph 11 of the original scheme states that ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise’.
14. The Applicant, in this case, has not provided any reasonable assistance to the Tribunal in terms of submitting vouching information in relation to out of pocket expenses. In the circumstances, the Tribunal finds that no compensation is allowable in this case.
15. Based on the absence of any vouched expenses form the Applicant coupled with a failure to provide the information requested by the Tribunal, the Tribunal finds that it cannot award compensation in this case and the Applicant’s case fails.
Majella Twomey
Criminal Injuries Compensation Tribunal
27 May 2022