Foilsiú
52296 (13 October 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case Reference: 52296
Decision: Pursuant to Paragraphs 1 and 23 of the Scheme, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ].
3. In his application, the applicant stated that on [ ], he was injured between [ ] and [ ]. The applicant did not state how he was injured. The applicant stated that he has no memory of the event, and “I have hoped to remember what happened or for Gardai to have discovered any relevant information.”
4. The applicant stated that he suffered amnesia, loss of two teeth and post-traumatic stress disorder. The applicant claims compensation for travel to counselling, but has not submitted any receipts or vouched documentation relating to any expenses which he has incurred as a result of his injuries.
5. The Tribunal wrote to the applicant on:
a. [ ] to acknowledge receipt of his application;
b. [ ] to enclose a copy of a Garda Report and alert the applicant to the provisions of Article 23 of the Scheme which requires the matter to be reported without delay to An Garda Siochana and Article 14 of the Scheme which states that the Tribunal will not make an award of compensation where the Tribunal is satisfied that the conduct of the victim, his character or way of life make it inappropriate to do so;
c. [ ] to ask the applicant if he wished to pursue his claim and, if so to submit any documentation or receipts to the Tribunal. In the absence of same, his file would be sent to a Member of the Tribunal for determination.
6. No response to these letters is on file.
7. There is no information before the Tribunal to indicate that the applicant suffered a personal injury which is directly attributable to a crime of violence.
8. Further, there is no information before the Tribunal to indicate that the applicant reported this matter to An Garda Siochana without delay.
9. Therefore, applying Paragraphs 1 and 23 of the Scheme which was in place at the time of the applicant’s application to the Tribunal, no award of compensation will be made.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
13 October 2022