Foilsiú
52274 (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: 52274
Decision: Pursuant to Article 21 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 [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In her application, the applicant stated that she was held at knifepoint [ ] by [ ] offenders. Following the incident, the applicant received number of calls and text messages on her mobile phone from one of the offenders. These were frightening and threatening. The applicant gave her mobile to An Garda Siochana as part of their investigation.
4. As a result of the trauma, the applicant received counselling at [ ] and through a counselling service in [ ]. The applicant also saw her GP, Dr [ ], [ ].
5. With respect to the delay in making her application to the Tribunal, the applicant stated that she was unaware of the existence of the Tribunal until informed about it by Gardai.
6. The applicant claims compensation for travel to counselling sessions as well as doctor fees and for accommodation costs as she was required to move home following the attack. The applicant did not submit any receipts or other vouching documentation with respect to her out-of-pocket expenses arising from this incident. At the time of the incident, the applicant was a student and therefore makes no claim for compensation for loss of earnings.
7. The Tribunal has had the benefit of a Garda Report dated [ ] which sets out the circumstances of the assault on the applicant..
8. The applicant was forced to [ ]. The matter was reported to An Garda Siochana.
9. A number of convictions were secured against the men who had perpetrated this attack.
10. On [ ], the secretariat of the Tribunal wrote to the applicant acknowledging receipt of her application. The Tribunal alerted the applicant to the time limit in making an application to the Tribunal pursuant to Article 21 of the Scheme, and noting the applicant’s explanation for the delay.
11. On [ ], the secretariat of the Tribunal wrote to the applicant enclosing the Garda Report and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings.
12. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue her claim, and, if so to submit the documentation sought, including receipts to vouch her claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, her file would be sent to a Member of the Tribunal for determination.
13. There are no responses to the letters of [ ], [ ] or [ ] on file.
14. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
15. Paragraph 21 of the scheme which was in place at the time of the application states:
"Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
16. In her application, the applicant stated that she was injured on [ ], requiring her to make an application to the Tribunal before [ ]. However, the applicant did not submit her application until [ ], almost one year post-injury.
17. Question 2(f) of the application form states: “If it is over three months from the date of incident to date of submission of application, please give reasons for delay as requires [sic] under Article 21 of the Scheme.” The applicant stated that she was unaware of the Scheme until she was informed about it by Gardai.
18. A lack of awareness of the Scheme is not considered to be circumstances which justify exceptional treatment. Accordingly, applying the provision of Paragraph 21 of the Scheme, the application must be refused.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
13 October 2022