Foilsiú
51760 (16 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.
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: #51760
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 9 of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that she was seriously assaulted in the early hours of the [ ] by a known assailant on [ ] when, following a number of altercations starting in a night club, she was attacked with a broken bottle, resulting in a lateral wound to her chin and neck. Following the assault, the Applicant was taken to [ ] from where she was transferred by ambulance to [ ] General Hospital for treatment, where she was required to receive [ ] stitches to her neck, as a result of the injuries she sustained in the attack.
In a Garda Report, dated the [ ], furnished to the Tribunal, the Gardaí confirmed that they witnessed the injury to the Applicant on the night following the altercations between the parties as they had been flagged down by the Applicant’s boyfriend who sought their assistance. Following investigation by the Gardaí, the Applicant’s assailant was charged with a section 4 Non-Fatal Offences Against the Person Act, 1997 offence. The Applicant’s assailant entered a guilty plea to the charge and on the [ ] was sentenced to [ ].
The Applicant’s application seeking compensation was received by the Tribunal on the [ ].
The Tribunal accepts that the Applicant suffered personal injuries following the attack upon her which are directly attributable to a crime of violence (satisfying paragraph 1 of the Scheme). The Tribunal is also satisfied that the incident giving rise to the injury was reported to the Gardaí without delay and was the subject of criminal proceedings (satisfying paragraph 22 of the Scheme). The Tribunal further accepts that the Applicant’s application was received within the prescribed time period permitted in normal course under the Scheme (pursuant to paragraph 20, formerly paragraph 21 of the Scheme). From the foregoing therefore, the Tribunal accepts that this application is eligible for further consideratio
The Applicant has made a claim for out-of-pocket expenses, including medical expenses for treatment received as a result of the injuries she sustained in the attack. In support of the Applicant’s claim, the Tribunal has received the following vouching documentation: (i) a receipt from Caredoc dated [ ], in the sum of €60; (ii) A receipt for €100 from [ ] General Hospital; (iii) a receipt for €65 from [ ] Medical Centre for two attendances by the Applicant in the aftermath of the assault; and, (iv) a receipt for prescription medicine for €21.59 from [ ] Pharmacy, dated [ ].
The Applicant has also made a claim for travel expenses in the sum of €20 for a bus journey from the hospital to her home, although no vouching has been provided in support of this claim.
The Applicant claims that she was out of work for three days as a result of the attack, from the [ ], but no further information has been submitted in this respect and no claim for loss of earnings is made.
The Applicant’s legal advisors, [ ] & Co. Solicitors of [ ], who submitted the Applicant’s application on her behalf, also furnished the Tribunal with photographs of the wound the Applicant sustained in the attack and noted that the Applicant would require plastic surgery into the future. The Applicant’s legal advisors further noted to the Tribunal that they would contact it once details of such medical expenses were to hand. No further details, medical report or vouching documentation has been submitted by the Applicant and/or her legal advisors to the Tribunal in support of this claim for required plastic surgery.
According to the Garda Report, witnesses had claimed that the Applicant had approached her assailant on a number of times on the night of the altercations and had started fighting with [ ].
Paragraph 12 (formerly paragraph 13) of the Scheme states:
“No compensation will be payable where the Tribunal is satisfied that the victim was responsible either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of the award where, in its opinion, the victim has been partially responsible for the offence.”
The Tribunal raised the aforementioned account of events given by witnesses to the Gardaí with the Applicant through her legal advisors in respect of the altercations and cited therein paragraph 12 (formerly paragraph 13) of the Scheme. In correspondence from the Applicant’s legal advisors, dated [ ], all issues raised in respect of witness accounts given to the Gardaí at the time of the assault were fully addressed. The Tribunal, having considered all such submissions, is of the view that paragraph 12 should not apply in the instant case.
The Tribunal is obliged to consider and apply all provisions of the Scheme, including paragraph 9, which states:
“No compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500 should be awarded.”
In the Applicant’s case the full sum claimed for out-of-pocket/medical expenses amounts to just €266.59. On that basis, by reason of paragraph 9 of the Scheme, the Tribunal is not in a position to compensate the Applicant.
By reason of paragraph 9 of the Scheme compensation will not be paid to the Applicant, as her claim does not reach the requisite amount claimable in compensation under the Scheme.
The Tribunal however acknowledges the nasty attack upon the Applicant and the injuries she sustained as a result of that attack and wishes the Applicant well into the future.
No award
Nora Pat Stewart
Dated: 16 August 2022