Foilsiú
50911 (31 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: 50911
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on the [ ].
2. The incident in question occurred on the [ ]. The Applicant states that on the night in question he was assaulted and suffered injuries in respect of facial bones and teeth. The Applicant’s injuries were inflicted by a known assailant, and he was required to undergo extensive medical treatment at [ ] Hospital [ ].
3. An Garda Siochana report that the incident in question occurred outside [ ]. Garda [ ] records that the incident was reported to [ ] Garda Station and the offender was charged with section 3 assault together with a charge pursuant to section 5, threatening to kill. The offender was sentenced to [ ] imprisonment in [ ] Prison. No compensation was paid to Mr. [ ].
4. Paragraph 21 of the relevant scheme, now paragraph 20, “requires application to be made as soon as possible but except in circumstances determined by the Tribunal to justify exceptional treatment no later than three months after the date of the event giving rise to this injury”. The application in his case was submitted significantly outside the three month period and this Tribunal must therefore consider whether it is the case that there are exceptional circumstances operative in this case which would justify an extension of time.
5. It is noted representations have been made on the Applicant’s behalf by [ ] Solicitors. They outline that the Applicant is a separated gentleman who suffered serious injuries and they confirm that the Applicant is aware of the fact that this application pursuant to the terms of this Scheme is late. They further state that their client had been significantly debilitated as a result of his injuries, suffering from frequent panic attacks and memory loss. Finally, they state that the Applicant only became aware of the existence of the Criminal Injuries Compensation Tribunal within the early months of [ ].
6. Based on this submission it is apparent irrespective of the Applicant’s injuries he was not in a position to make this application to Criminal Injuries Compensation Tribunal within three months of the date of his injuries in circumstances where his representative clearly state that he was not aware of the Scheme. This reason cannot justify an extension of time in this case. It is also the case that no medical evidence has been submitted clearly evidencing that he applicant was suffering from a disability to such an extent that he was precluded from submitting this application until the [ ] (some two and a half years outside the timeframe).
7. This application is dismissed.
8. No award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
31 May 2022