Foilsiú
51586 (6 September 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: 51586
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: Not admitted under para. 20 (previously para. 21) of the Scheme.
1. Ms. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, signed and dated [ ], the Applicant says that she was assaulted by a named individual and suffered trauma and shock as well as bruises and bite marks. She attended [ ] General Hospital and was absent from work from [ ]. She had €80 in hospital expenses. She stated that she did not know of the Scheme until after conviction and sentencing of the assailant in [ ].
3. In Garda statements submitted she outlined that she was assaulted by a man she had gone out with [ ]. He grabbed her and banged her head off the wall, and bit her arms and head and hands, breaking the skin. He then grabbed her by the ankles and tried to pull her out the door of the house. He broke various items in the house and damaged her car and took the Applicant’s phone, doing damage in the amount of €800.
4. A Garda report dated [ ] outlined the assault and that the matter was heard [ ] in the Circuit Court.
5. The Tribunal forwarded the Garda report to the Applicant by letter dated [ ] and sought further documentation. No response was received to this letter.
6. A further letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter either.
7. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
8. I am satisfied that the applicant has established, on the balance of probabilities, that she was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
9. However, the Scheme provides at para. 20 (previously para. 21) as follows:
“Applications should be made as soon as possible but, except in circumstances de-termined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.”
10. This application was made almost 3 years after the incident. I am not satisfied that the Applicant not being advised without further detail provided is a circumstance that justifies exceptional treatment. Therefore, the application is not admitted under this paragraph.
11. Further, the Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise.”
12. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
13. The Applicant did not submit the Application within 3 months as required. Accordingly, I do not admit the application for consideration under the Scheme.
14. Further, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme would be made if the application were admitted.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
6 September 2022