Foilsiú
51632 (31 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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 51632
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from a violent crime which occurred on the night of the [ ] at [ ]. The Applicant was assaulted with [ ], by a person known to him following an argument. The Applicant suffered serious head injuries as a result of the assault, with further injuries to his chest, face and nose. The Applicant was hospitalised following the incident and underwent brain surgery arising from his head injury.
The incident in this case was reported immediately by 999 telephone call to An Garda Siochana and the Applicant subsequently made a formal statement of complaint. The matter was investigated by Garda [ ] of [ ] Garda Station and the perpetrator, [ ], was prosecuted at [ ] Court and sentenced to [ ] imprisonment with the final [ ] suspended. [ ] offered payment of compensation in the sum of [ ] arising from the criminal proceedings, however this was refused by the Applicant.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the Scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states that “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”. In this case the application was received on the [ ] and was substantially late, being submitted nearly two years after the incident occurred.
The Applicant states in the Application Form that “The reason to my late application is to the injuries I received to no fault of my own, my mental health state of depression and panic attacks and been told I will never work again as I am on disability benefit, the citizens advice advised me to request a form from you.”
This Member of the Tribunal is satisfied that the Applicant suffered very serious life-changing injuries in this assault. Furthermore, he suffered significant psychological trauma, depression, anxiety and memory loss following the incident. This Member of the Tribunal therefore accepts that the circumstances of this case are such as to justify exceptional treatment and the application is admissible under Paragraph 21.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ] when he sustained serious personal injury. The perpetrator was prosecuted and convicted in relation to the incident.
The completed application was received by the Tribunal on the [ ], however this Member of the Tribunal finds that the circumstances of this case are such as to justify exceptional treatment under the terms of Paragraph 21.
The Applicant was unemployed at the time of the incident and was in receipt of social welfare benefits. He continued to receive social welfare benefits subsequent to the incident. No out-of-pocket expense incurred by the Applicant in connection with the incident has been identified or vouched. The Tribunal is precluded from awarding general damages for personal injury sustained in a crime of violence.
No loss to date or into the future has been identified or vouched at any time. As a result, there is no basis upon which the Tribunal can consider an award by way of special damages.
In the circumstances, the Tribunal makes no award.
Dated the 31st day of August 2022
Cathal Lombard
Tribunal Member