Foilsiú
53698 (28 January 2024)
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
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: #53698
Date of incident: [ ]
Date of application: [ ] (with an application form signed on the [ ])
Decision outcome: The application was refused under paragraph 1 of the scheme where there is inadequate evidence to satisfy the Tribunal that an injury was sustained.
1. Ms [ ] (“the Applicant”) has made a claim for compensation under the scheme of compensation for personal injuries criminally inflicted (“the scheme”).
In her application for compensation under the scheme dated the [ ], the Applicant stated that she suffered injuries in circumstances where on the [ ] she and a friend were walking on the [ ] outside the [ ] when they were accosted by a group of juveniles. Initially it appears that the juveniles were interested in attempting to take the Applicant’s bicycle from her but subsequently began to verbally abuse the Applicant and more importantly her friend [ ] who was present also. In a statement provided to Gardai the Applicant does indicate that as she was walking away this was when she was hit with a rock on the back of her head which hit her just above the neck. She described the rock as being bigger than a sliothar. She indicates that she kept walking and there were various other further interactions with the juveniles before herself and her friend managed to evade them.
The statement does not indicate any injury sustained by contact with this rock. This of itself is unusual, however in the application form completed by the Applicant S.4 deals with particulars of the personal injury.
Under Question (a) “State the type of injury suffered” the Applicant has written “the Applicant was hit on the back of the head with a stone”.
In answer to Question (b) which reads “If applicable please state the name and address of hospital(s) and doctor who treated you (if known).” She has responded “did not go to a doctor”.
In answer to Question (g) which reads “if you have not fully recovered at this time, please describe your symptoms”, the Applicant responded “the Applicant had a head injury before this and this caused her further damage and psychological injury”.
In response to Question (h) “if you are still receiving treatment, please state the name and address of your treating Physician, the Applicant responded “not for this assault”.
In response to Question (i) “is there any special features of the injury you wish to mention? The Applicant responded “the Applicant has psychological injuries following this”.
No further documentation to substantiate an injury, psychological or otherwise, has been provided to the Tribunal.
2. From the foregoing I am satisfied that whilst the Applicant was the subject of a crime of violence, she has not established, on the balance of probabilities that she sustained personal injury as a result of her involvement in the crime described as occurring on the [ ] which is directly attributable to that crime of violence. Accordingly, unfortunately, I cannot admit the application for consideration under the scheme.
3. Without prejudice to the foregoing and by way of comment only, the Tribunal notes that the Applicant has not in her application outlined expenses which she has incurred which could form the basis of an award by this Tribunal. She has expressly sought legal costs and expenses and general damages for the injuries she says she sustained. Both general damages and legal costs and expenses are expressly not allowed for under the scheme and under no circumstances could the Tribunal make an award in the Applicant’s favour under these headings.
4. Leaving that aside, the Tribunal also notes that no details of any expenses incurred by the Applicant which would ground an application, like a loss of earnings, medical expenses, or further costs that might arise on foot of her involvement in this crime and any injury she sustained have been provided to the Tribunal so regardless of the conclusions arrived at by the Tribunal in relation to the compliance of the Applicant with the provisions of paragraph 1 of the scheme, no award could in any event be made.
5. The application is refused under paragraph 1 of the scheme in circumstances that whilst the Applicant was involved in an incident whereby she was the subject of a crime of violence, on the balance of probabilities the Tribunal cannot conclude that she suffered personal injuries which are directly attributable to the crime of violence.
6. Without prejudice to the foregoing the Tribunal cannot make an award for general damages or make an award which includes legal costs and expenses.
7. Without prejudice to the foregoing the Applicant has not in any way vouched a loss which is covered by the scheme.
Damian Sheridan B.L.
Criminal Injuries Compensation Tribunal
28 January 2024