Foilsiú
54068 (2 September 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: 54068
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Award of €359.90.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which dated [ ] and was received by the Tribunal on [ ].
2. The Applicant was a [ ] year old (at the time of the incident) who was a victim of a bag snatching robbery while she was waiting for the bus on [ ] on [ ]. The Applicant initially resisted the snatch which caused her to suffer two fractures to her left humerus bone and bruising down her left side as she was pulled to the ground by her assailant. The Applicant also suffered cuts to her face from the fall. The Applicant has not submitted a medical report in respect of her injuries however they have been confirmed in correspondence by the prosecuting garda.
3. The Applicant appears to have attended [ ] Hospital in respect of her injuries and to have subsequently attended physiotherapy at the same hospital.
4. Per Garda [ ] report of [ ] a suspect was charged in relation to this offence and was before the courts. The outcome of these proceedings in unknown to the Tribunal however the Tribunal is satisfied that the Applicant was a victim of a ‘crime of violence’ as per the terms of the Scheme.
5. The Applicant claims total out-of-pocket expenses of €493.10 but has not submitted vouching documentation in respect of this sum. The Applicant has submitted vouched claims for several out-of-pocket expenses, totalling €359.90. The most significant expense is a sum of €250 for eight hair washes, costing €25 each, which was necessary due to the Applicant’s shoulder injuries.
6. Paragraph 21 of the Scheme states:
‘Applications should be made as soon as possible but, except in the circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury…’
7. In the instant case the Applicant suffered her injury on [ ]. Her application should therefore have been received by the Tribunal no later than [ ]. It was in fact received on [ ], three days after the expiry of the three-month time limit. The application was however dated [ ].
8. In all the circumstances of the case, the Tribunal will exercise its discretion to admit the application for consideration under the Scheme. In doing so the Tribunal considers the purposive nature of the Scheme, the Applicant’s age and the impact this incident had on her, and the fact that the application is only three days late.
9. The Tribunal is satisfied that the Applicant suffered personal injuries and out-of-pocket expenses arising from a crime of violence.
10. The Applicant makes vouched claims for various items out-of-pocket expenses:
i. Pharmacy fees €43.50
ii. Taxi fare to [ ] Hospital €6.40
iii. Mobile phone repair (damaged during incident) €60
iv. Hairdressing (Weekly hair wash) x8 €250
v. TOTAL €359.90
11. N/A.
12. The Tribunal makes an award in the Applicant’s favour of €359.90.
Marc Murphy
Criminal Injuries Compensation Tribunal
2 September 2023