Foilsiú
51576 (6 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.
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: #51576
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Refused under paragraph 20.
1. Mr. [ ] (‘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 Scheme, signed and dated [ ], the Applicant says that he suffered injuries to his head, lips, teeth and mandible and left arm when he was hit with a steel bar at [ ] in [ ]. He says that he was treated in the [ ] Hospital overnight, by his GP and at the [ ] Dental Hospital. The offender and location was identified. A Garda report was submitted, which indicated that the assailant was seen with the bar in his hand and was arrested and charged with possession of an offensive weapon and was subsequently charged with the assault. He pleaded guilty and was sentenced to [ ] years with [ ] suspended. Medical records were submitted, as was a receipt for a dental consultation and two dental extractions, and the costing of a dental plan for implants and root canal treatment.
3. The Applicant stated that he had not submitted the application within 3 months as he was incorrectly advised of the time limit and he apologised for any inconvenience.
4. The Tribunal acknowledged the application. The Tribunal sought a further Garda report but none was provided.
5. A letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter.
6. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
7. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
8. However, the Scheme provides at para. 20 (previously para. 21) as follows:
“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.”
9. This application was made more than two years after the incident. I am not satisfied that the Applicant being incorrectly advised by unnamed persons without further detail provided is a circumstance that justifies exceptional treatment. Therefore, the application is not admitted under this paragraph also.
10. Further, the Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. 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.”
11. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
12. The Applicant did not submit the Application within 3 months as required. Accordingly, I do not admit the application for consideration under the Scheme.
13. Further, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme would be made if the application were admitted.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
6 September 2022