Foilsiú
51818 (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: 51818
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 1 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’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. On [ ] the Applicant was the victim of an aggravated burglary when two armed intruders broke into his house whilst he and his family were present. The Applicant was threatened with a knife and suffered a cut to his hand. The Applicant was also hit over the head with a hammer. The Applicant has supplied a medical report which confirms his injuries. The Applicant was threatened and gave the intruders his wallet which contained €1,400 and approximately £300 Sterling. The intruders then left the house.
3. Gardaí were on patrol in the area and apprehended the intruders shortly after the incident. One intruder was discovered hiding in a nearby shed and Gardaí recovered the Applicant’s wallet, €1,265 and £310 Sterling along with assorted bank cards. It appears therefore that most, if not all, of the Applicant’s property was recovered by Gardaí.
4. Both intruders were prosecuted in the Circuit Court. The Tribunal has been informed that one of the intruders was convicted and sentenced to [ ] years’ imprisonment. The Tribunal is satisfied that the Applicant was the victim of a crime of violence as per the Scheme.
5. Paragraph 1 of the Scheme states:
‘The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme may pay ex gratia compensation in accordance with this Scheme in respect of personal injury where the injury is directly attributable to a crime of violence….
6. Paragraph 6 of the Scheme states:
‘Subject to the limitations and restrictions contained elsewhere in this Scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liability Acts except that compensation will not be payable…
(e) in so far as injuries sustained on or after 1 April 1986 are concerned in respect of pain and suffering.’
Any applicant under the Scheme is therefore limited to seeking compensation for out-of-pocket expenses arising from a personal injury directedly attributable to a crime of violence.
7. In his signed application form, dated [ ], the Applicant has not made any claim for loss of earnings (paragraph 5) nor any claim for expenses (paragraph 6). The Applicant is therefore ineligible for compensation under the Scheme.
8. Nothing in the above decision should detract from the fact that the Applicant was the victim of a serious crime and sustained physical and psychological injuries as a result. The Tribunal hopes that the Applicant has made a full recovery in every respect and wishes the Applicant and his family well for the future.
9. N/A.
10. N/A.
11. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
2 September 2023