Foilsiú
50213 (27 May 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.
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: 50213
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 of the Scheme, and further no compensation is payable due to the failure to give all reasonable assistance under Article 10 of the Scheme.
1. Mr. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). His date of birth is [ ].
2. In his application for compensation under the Scheme, received on [ ], the applicant stated that he had suffered injuries at [ ] on [ ]. He states that he and his friend went to assist some young men who were being bothered by older men. He states that he took off his belt to defend the younger men, and this belt was taken by one of the men and he was beaten on the face and body with it. He states that he suffered damage to his face and his teeth.
3. No medical report or dental report was appended to his submission.
4. No receipts for any expenses were included in the Tribunal file.
5. The applicant stated in his application form that he had been informed by two dentists that he would need private dental work done. No further information in this regard was supplied, either by way of report or estimate or receipt.
6. The Garda Report dated [ ] outlines the circumstances of the incident. It also lists the previous convictions of the applicant, which numbered 18 as of the date of the Garda Report, and include convictions for larceny, theft, intoxication in a public place, assault contrary to Section 2 of the Non-Fatal Offences against the Person Act 1997, Threatening/Abusive/Insulting Behaviour in a Public Place, Section 9(1) Firearms and Offensive Weapons Act and various road traffic act offences.
7. By letter dated [ ], the Tribunal wrote to the applicant, seeking further information and confirmation by [ ] that the applicant wished to continue with the application. No response to this letter was received.
8. Article 20 of the Scheme provides as follows:
“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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of the application.”
9. The application form was received on [ ], which was more than three months after the incident the subject matter of the application. No reasons were supplied by the applicant for the late submission of the application.
10. As there are no reasons given, I am unable to say whether there are any circumstances which would justify exceptional treatment.
11. I therefore find that as the application was not submitted within the time permitted under the Scheme, and that no compensation should be paid.
12. Further, the applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme, and I find that no compensation is payable to the applicant.
13. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
27 May 2022