Foilsiú
51021 (12 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: 51021
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the conduct of the applicant makes it inappropriate that he should be granted an award, and further a failure to give all reasonable assistance under Article 10 of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted at [ ]. He states that he was stabbed with a bottle, severing an artery in his arm. He states he dislocated his rib, and he had abrasions to his head and face. He states he was removed to [ ] Hospital, and then transferred because of the severity of his stab wounds to [ ] Hospital.
3. No medical report was submitted.
4. The applicant claimed travel expenses for 8 trips of 70km in his own car traveling to out patient appointments, together with a claim for €26 for medicine. No vouchers were supplied.
5. The Garda Report dated [ ] outlines the circumstances of the incident in question. It states that the applicant was in [ ] with his brother, and when they were returning to his car three named youths were taunting them. It states that an altercation took place between one of the youths and the applicant, and that then the applicant alleges he was subsequently hit in the side of the head with a Budweiser bottle by one of the youths, who then stabbed him in the right forearm with the then broken bottle causing his injuries. It is stated that the applicant goes on to say that he was then hit in the side of the head after receiving these injuries by another named person. It was stated that the applicant was removed by ambulance to [ ] General Hospital and further onto [ ], where he underwent surgery and he was released from hospital on [ ]. It is stated that he received several stitches to his right forearm both internally and externally.
6. The Garda Report states that there was a direction from the DPP to prosecute all involved (which I assume includes the applicant) for Affray. The previous convictions of the applicant are also listed. These include a conviction for Assault Causing Harm Contrary to Section 3 of the Non-Fatal Offences Against the Person Act 1997 on [ ].
7. Article 13 of the Scheme (formerly Article 14) provides as follows:
“No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim.”
8. In the circumstances outlined in the Garda Report, I find that the conduct of the applicant in relation to the incident outlined make it inappropriate that he should be granted an award. I find that the applicant was an active participant in the incident in question. I take into account that all parties involved in the incident were to be prosecuted for Affray. I therefore decline to make any award to the applicant.
9. Further, the Tribunal wrote to the applicant on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.
10. 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.
11. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
12 August 2022