Foilsiú
54587 (2 January 2024)
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: 54587
Date of incident: [ ]
Date of application: [ ] (Received by the Tribunal [ ])
Decision outcome: The application refused under para 21.
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 form, the applicant stated that she had suffered injury as a result of being assaulted by a male, [ ], in the vicinity of the [ ], [ ] on [ ].
3. In his application form, the applicant stated that, as a result of the assault, he suffered a fractured jaw, a cut to his head, eye damage, concussion, shoulder and head damage and other bruising. The applicant was treated for his injuries as an in-patient at [ ] Hospital. He received treatment as an out-patient at the [ ] Hospital and was also seen by his GP. The applicant stated that he was still suffering from pain in his neck, together with PTSD.
4. A report from An Garda Síochána, dated [ ], was on file. The report confirmed the nature and extent of the applicant’s injuries. The report further confirmed that the assault arose when the applicant and [ ] were attending a [ ] on the date in question at the [ ]. [ ] pleaded guilty to a section 3 offence contrary to the Non-Fatal Offences Against the Person Act 1997. On [ ], he received a custodial sentence of [ ] imprisonment suspended for [ ].
5. In addition, the report confirmed that the applicant had received compensation from [ ] in the sum of €[ ] with a further €[ ] to be paid prior to the expiry of the suspended sentence.
6. The applicant, in a letter to the Tribunal dated [ ], confirmed that he had not initiated civil proceedings as a result of the incident.
7. The applicant claimed for the cost of visits to medical appointments, medical and physiotherapist expenses.
8. Paragraph 21 of the Scheme states:
‘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. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
10. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was not received by the Tribunal until [ ]. As such, it was lodged approximately 17 days late.
11. At Section 2(f) of the application form, dealing with reasons for the late submission of the application for compensation, the applicant stated as follows: ‘[The investigating garda] was moved to traffic corps on the [ ] and a new garda [ ] was not assigned until [ ], so I was unsure what was happening, then Covid 19 happened and I missed the [ ] deadline. I thought it was 3 months from when I made my statement [ ].’
12. Having carefully considered the matter, which included the applicant’s explanation for late submission of the application as set out at Section 2(f) of the application form, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme.
13. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.
14. For the sake of completeness, should the applicant exercise his right to appeal this decision, the applicant’s attention is drawn to paragraph 15 of the Scheme which provides as follows:
‘The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.’
15. This provision of the Scheme should be considered in relation to the information provided to the Tribunal in the report of An Garda Síochána set out at paragraph 5 above.
16. NA.
17. NA.
18. NA.
19. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
2 January 2024