Foilsiú
51630 (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: #51630
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award as failure to provide reasonable assistance under paragraph 10 (previously para. 11) of the Scheme.
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 facial knife wounds as a result of an unprovoked attack. He was initially brought to the [ ] Accident and Emergency Department but transferred to [ ] Hospital where he had [ ] stitches to his face. He was to have plastic surgery for the scarring. He was a full time student at the time. He had out of pocket expenses of €150 for hospital and doctor visits and had medication expenses with receipts to follow. As a result of the attack he failed to sit his exams and was going to seek professional help.
3. The application was acknowledged by letter dated [ ]. A Garda Statement report was received dated [ ] indicating that the Applicant was stabbed in the face after being assaulted by a number of youths, having asked for [ ].
4. The Tribunal wrote to the Applicant by letter dated [ ] enclosing the Garda report and seeking further information and documentary evidence of loss. No response was received to the letter. A further letter was sent by the Tribunal dated [ ] asking if the Applicant wished to pursue the matter, and if so to forward requested information and documentation. No response was received to this letter either.
5. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
6. 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.
7. However, 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.”
8. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
9. The Applicant was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
10. However, the Applicant has failed to give all reasonable assistance to the Tribunal. I therefore make no award under paragraph 10 (previously para. 11) of the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
6 September 2022