Foilsiú
52771 (12 August 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: 52771
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the conduct of the applicant makes it inappropriate that she should be granted an award, and further a failure to give all reasonable assistance under Article 10 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 her application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that she was assaulted at [ ]. She states that she was attacked and stabbed by two men, and left badly scarred. She states that she will be scarred for life as a result of the incident.
3. No medical report was submitted.
4. No claim for any expenses was submitted.
5. The Garda Report dated [ ] outlines the circumstances of the incident in question. It states that the incident occurred in [ ]. It states that the applicant travelled to the location where she was attacked by two males believed to be from [ ]. She informed Gardaí at the time that she had arranged to buy drugs from them. The males then attacked her with what were believed to be kitchen knives before leaving the scene in a green car. The applicant was adamant that she did not know the identity of her attackers. She declined to make a statement of complaint to Gardaí and made a statement to that effect. She had travelled to [ ] that day from [ ] with three other males, all known to her.
6. The Garda Report also outlines that the applicant has 12 previous convictions. The convictions are for various offences including Unlawful Possession of Drugs for the Purpose of Sale and Supply, Assault, Public Order Offences and Theft. The Garda Report also states that proceedings were not taken as the applicant declined to make a statement of complaint and no suspects were identified.
7. Article 13 of the Scheme (formerly Article 14) provides as follows:
“No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim.”
8. In the circumstances outlined in the Garda Report, I find that the conduct of the applicant in relation to the incident outlined make it inappropriate that she should be granted an award. I find that she had traveled to meet the perpetrators of the assault upon her for the purpose of buying illicit drugs. I take into account that she declined to identify her assailants, although she had informed the Gardaí at the time that she and her companions had traveled to meet them for the purpose of buying drugs.
9. I therefore decline to make any award to the applicant.
10. Further, the Tribunal wrote to the applicant on [ ] seeking further information from the applicant and also confirmation that she wished to proceed with the application. There was no response to this correspondence.
11. The Tribunal wrote again to the applicant on [ ], notifying her that if no reply was received to correspondence by [ ], the matter would be forwarded to a Member for a decision. There was no response to this correspondence.
12. The applicant has not replied to correspondence in relation to her claim before the Tribunal. Therefore, I find that she has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme, and I find that no compensation is payable to the applicant.
13. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
12 August 2022