Foilsiú
23745 (14 July 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: 23745
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is allowed.
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, submitted on the [ ], but notified to the Tribunal on the [ ], the Applicant states that he was the victim of an unprovoked assault on the [ ], at [ ]. The assault led to the Applicant sustaining injuries to his front tooth.
3. There is a Garda Report on file received by the Tribunal on the [ ]. The report states that it is alleged that the culprit hit the Applicant and another man in an unprovoked assault. The Applicant has no criminal record. No compensation was paid. The outcome of the proceedings was not recorded on file, but the matter was listed before [ ] District Court on the [ ].
4. It is not clear to the Tribunal from the information on file if the person who was charged was subsequently convicted.
5. The Applicant submitted one dental receipt dated the [ ]. This related to the sum of €750 for a bonded crown. There is also a letter from [ ] stating that the Applicant loss of earnings was €600, as a result of the accident. [ ] Solicitor also stated that he had to replace his t-shirt which cost €40.
6. The Applicant’s application was not brought within three months of the alleged crime. However, it appears from the face of the record that the application was notified to the Tribunal within the required three months on the [ ]. Considering the fact that this is noted on the application form, it is accepted that the application was made within the required timeframe.
7. The Applicant claims to have been the victim of crime on the [ ].
8. In circumstances where the Applicant reported the incident to the Gardaí and where a suspect was identified to be prosecuted in this respect, it is accepted, on the balance of probabilities, that the Applicant was the victim of a crime of violence.
9. The Applicant has provided one receipt from a dentist and a letter from a company stating he lost €600 in earnings. It is not clear if the sum of €600 was net or gross.
10. The Tribunal wrote to the Applicant’s Solicitors, [ ] on the [ ], stating that all claims for loss of earnings must be supported by documentary evidence of net loss. There was no response to this letter.
11. The Tribunal sent a further letter to the Applicant’s solicitors on the [ ], stating that the Tribunal awaited hearing from them in relation to the letter of the [ ]. There was no response to this letter.
12. A further letter was sent to the Applicant’s Solicitor on the [ ], asking if the Applicant still wanted to pursue the application. Again, no response was submitted to this letter.
13. The Applicant has failed to provide the Tribunal with any clear evidence of vouched expenses which occurred as a result of the crime, except for a dental receipt. There is no clear evidence to show what, if any, net loss of earnings there were. The Applicant was requested for further clarification in relation to this but has failed to provide same.
14. Paragraph 11 of the original scheme states that ‘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’.
15. The Applicant, in this case, has, unfortunately, not provided any reasonable assistance to the Tribunal in terms of submitting vouching information in relation to out-of-pocket expenses for loss of earnings. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.
16. However, there is a receipt for €750 for a dental crown.
17. The Tribunal awards the Applicant, in this case, a sum of €750 for the dental crown. The Tribunal does not provide compensation for damage to property and it cannot provide compensation for loss of earnings, which have not been properly vouched.
18. The final award made by the tribunal is, therefore, €750.
Majella Twomey
Criminal Injuries Compensation Tribunal
14 July 2022