Foilsiú
54280 (11 April 2023)
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: 54280
Date of incident: [ ]
Date of application: [ ] received
Decision outcome: The application is dismissed under Article 22 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. The Applicant lodged an application for personal injuries with the Criminal Injuries Compensation Tribunal received on the [ ] for injuries received in respect of an incident which happened on the [ ].
3. The Applicant’s application was submitted by his Solicitors [ ] & Company.
4. The incident in question happened on the [ ] at [ ].
5. The application form contained basic details and subsequently the Applicant’s Solicitor submitted further details. An Garda Siochana viewed CCTV at the scene which showed a [ ] approach the applicant and punch him in the face before walking out. An Garda Siochana reported that the Applicant received a bloodied nose and cut lip as a result of the assault. Subsequently [ ] was charged under Section 3 of the Non Fatal Offences Against the Person Act. However on the [ ] when the matter came before [ ] District Court it was struck out as [ ] withdrew his complaint before the Court.
6. Receipts have been furnished as follows: [ ] €50; [ ] €50; [ ] €225; HSE A&E €100; [ ] – loss of earnings: €1,124 (inclusive of PAYE). €373.30 overtime foregone. Travelling expenses: €24.40.
7. On the [ ] the Applicant’s Solicitors informed the Tribunal that the Applicant had received €[ ] in compensation for his injuries in the District Court.
8. Article 22 of the Scheme provides: “to qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings”. It has been noted by the Tribunal that while Criminal proceedings commenced here they did not conclude as a result of the Applicant withdrawing his Statement of complaint.
9. Article 15 of the scheme it provides: “the Tribunal will deduct from the amount of an award under the Scheme any sums paid to or for the benefit of the victim or his dependents by way of compensation of damages from the offender or any person on the offender’s behalf following the injury”. The Applicant’s claim is in respect of out of pocket expenses totalling €1,946.40. He has received compensation of €[ ].
10. Even if the Applicant were in a position to qualify under Article 22 (previously Article 23) of the Scheme any award of compensation made to him would be nil given that he has already received €[ ] in compensation.
11. The application therefore is dismissed under Article 22 of the Scheme with the Tribunal noting that even if the Applicant was to get over the hurdle of Article 22 of the Scheme that Article 15 would thereafter apply.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
11 April 2023