Foilsiú
51657 (8 September 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: 51657
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. [ ] During this period, the Applicant was subjected to a terrible ordeal of rape, sexual assault and threats. The applicant suffered significant trauma and psychological sequelae and suffered from depression post-incident.
The Applicant ultimately managed to escape and raise the alarm. Members of An Garda Siochana arrived at the scene and the perpetrator was arrested. The Applicant later made a formal statement of complaint and the perpetrator, was prosecuted for numerous offences in [ ] Court. No compensation was paid to the Applicant at any time.
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 marginally outside the permitted time. However, the Tribunal notes the seriousness of the incident and the significant trauma inflicted on the Applicant. The is no doubt that the circumstances of this case justify exceptional treatment and the application is admissible under Paragraph 21.
The Applicant was [ ] at the time of the incident and there is no claim for loss of earnings noted in the application.
The Applicant submitted no receipts for out-of-pocket expenses. The application form discloses no potential recoverable out-of-pocket expense. The Applicant received treatment at a public hospital.
The Applicant was the victim of a serious crime of violence which occurred on the [ ] in at [ ] when she sustained personal injury. The perpetrator was prosecuted in the [ ] Court in respect of the crimes.
The Applicant in this case suffered a horrendous ordeal in the incident, involving appalling crimes. However, the Tribunal has no power to award compensation by way of general damages. The Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses. Amounts claimed must be vouched and/or supported by appropriate documentation. In this case, no such expense has been identified and no receipt or document has been submitted to the Tribunal at any time.
In the circumstances, the Tribunal makes no award.
Dated the 8th day of September 2022
Cathal Lombard
Tribunal Member