Foilsiú
51884 (28 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.
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: #51884
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 20 of the scheme and delay in submission of application.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that he was assaulted at [ ] by a known person on [ ] and that he sustained a broken jaw, lost three teeth, and that a further four of his teeth were broken as a result of this attack. The Applicant claims that he attended Professor [ ], Maxillofacial Surgeon at [ ] Hospital and [ ], as both an inpatient and outpatient, from [ ] through to [ ], and that he also attended his own GP, Dr [ ] and dental surgeon Dr [ ] in [ ] for treatment following the attack.
At the time of submitting his application the Applicant claimed that he was still receiving dental treatment and envisaged that he would require further dental work. He also reported that he was being treated for panic attacks.
This incident was reported the matter to the Gardaí at [ ] Garda Station on [ ] by the Applicant’s parents. In a Garda Report, furnished to the Tribunal on [ ], the Gardaí confirmed that an altercation had occurred at a house party in [ ], [ ] and that the Applicant received a number of injuries to his face and head. The Applicant’s assailant was charged with a section 3 assault causing harm offence, pursuant to the Non-Fatal Offences Against the Person Act, 1997 and having pled guilty, was given the benefit of the Probation Act at [ ] District Court on [ ].
The Applicant submitted his application to the Tribunal on [ ].
This Application was received on [ ] which was over four and three-quarter years after the assault the subject matter of the application, and four and a half years after the time period permitted, in normal course, under the terms of the Scheme for submission of applications.
Paragraph 20 (formerly paragraph 21) of the Scheme 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 …”
It is clear from paragraph 20 that the Tribunal is not completely bound by the prescribed three-month period for receipt of applications where it finds that the circumstances for the delay in submitting an application justify exceptional treatment of that application, it can deem that application eligible for further consideration.
The Scheme’s application form provides applicants with an opportunity, at section 2 (f), to set out their reasons for late submission of their application where there has been a delay in submitting same to the Tribunal. In the instant case, the Applicant states s. 2 (f):
“I was not aware such a criminal injuries compensation board existed, until I was informed by information found on the internet.”
The Applicant’s reason for the delay in submitting his application is not one which the Tribunal has determined warranted exceptional treatment of an application in the past, and that remains the case. Furthermore, there is nothing on the Applicant’s file which would indicate that the Applicant was unable to submit his application in a timely manner.
As the reason for the delay in submitting this application does not, in the Tribunal’s opinion, warrant exceptional treatment of his application, and there is nothing on the Applicant’s file to indicate that the Applicant was not in a position to submit his application within the prescribed three-month time period permitted pursuant to paragraph 20 of the Scheme, accordingly, the Tribunal determines that this application is not amenable to further consideration and no award can be considered or made.
No award
Nora Pat Stewart
28 October 2022