Foilsiú
52153 (11 November 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.
File number - 52153
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
On the [ ] the Applicant was cycling into town in [ ] when he saw a man he knew called [ ]. The Applicant suggested that they go to the grounds of [ ] on the [ ] Road to allow the dogs have a walk and they both sat down and had a drink. The Applicant recalls that he was being asked whether he was going to stay in [ ] or go home to [ ] and that they were talking about the other man’s dogs. The Applicant submitted that the other man attacked him for no reason, knocking him to the ground and putting his two hands round his throat. The Applicant says that at that point he passed out and he does not recall anything thereafter. The Applicant said that he had approximately €90 in his pocket and a mobile phone.
The application was received outside the three month time limit provided for pursuant to paragraph 21 of the Scheme. The Applicant submitted that the application form was submitted outside the three month time limit because of the injuries that he had sustained as a result of the attack in that he lost his memory and was suffering from depression. The Tribunal had the benefit of a medical report from the [ ] Hospital which states that the Applicant had suffered a traumatic brain injury on the [ ] resulting in a left acute subdural hematoma and a posttraumatic amnesia of approximately three weeks. He was treated in [ ] Regional Hospital and [ ] Hospital and continues to be seen as an outpatient at the [ ] Hospital on the date of the letter which is the [ ]. The letter states that as a result of the injury the Applicant has ongoing cognitive difficulties such as memory, planning, problem solving and self-monitoring. In the circumstances the Tribunal finds that there are exceptional circumstances so as to justify extending the time for admission of the application to the Scheme.
At the time of the incident the Applicant was unemployed and has submitted that he did not believe he would be able to return to work as normal. However, the Applicant has not set out his previous work history and a letter form the social welfare dated the [ ] indicates that the Applicant was not working in [ ] prior to the incident in question. Previous earnings in [ ] amount to €21,000. The Applicant’s earnings in [ ] were €14,000 and in the years prior to that there is no evidence of any earnings. In the circumstances there is no evidence that the Applicant sustained any losses as a result of the incident and therefore the Tribunal makes no award in this instance.
Dated: 11 November 2022
Signed: Mema Byrne BL