Foilsiú
50010 (13 May 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: 50010
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Awarded €1,885.69
1. Mr. [ ] (‘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, signed and dated [ ], the Applicant stated that he was working in the construction industry and living in a house. Another man living in the same house with whom he had an argument came into his room and stabbed and sliced him with a knife. He was first treated by his GP and then referred to hospital where he received stitches in his left and right arm. He spent the night of [ ] in hospital. The stitches had to be done in [ ] rather than in [ ] due to the serious nature of the injuries. He made a statement to the Gardai but understood that the perpetrator had returned to [ ]. He was out of work due to the injury as he had no strength in his arm.. At the time of the application he stated that he had lost 6 weeks’ of work. He had also incurred losses in the form of travel expenses and hospital charges.
3. The Garda statement under cover of letter dated [ ] stated that the Applicant had made a complaint of being assaulted with a [ ] knife at his home by a named individual. Detective Garda [ ] stated by letter dated [ ] that the Applicant had stated to him and a colleague on various occasions that he did not want the matter pursued.
4. A Garda statement from the Applicant dated [ ] was submitted. This indicated that the Applicant was assaulted on his left arm and right shoulder by a [ ] knife. He went to his GP the next day, who referred him to [ ] hospital. He was referred to [ ] in [ ] the next day, where he received his stitches two days later and stayed overnight. His statement stated that his life was threatened by the perpetrator through another woman. He collected his personal belongings and moved from his home. Certain cash, cigarettes and dvds had been stolen, and he lost his deposit because of the move.
5. An undated cover note from the Citizen’s Information Centre with various travel and medical receipts stated that the Applicant’s injuries were settling and that he had returned to work.
6. Documentation received from the Applicant’s employer stated that he had a net loss of. earnings of €1,750 for five week’s income.
7. The public representative of the Applicant wrote to the Tribunal indicating that the Applicant did not say that he did not want the matter pursued, and that he was not in the same household as the perpetrator as had been queried by the Tribunal in correspondence. Rather, the perpetrator was another tenant in the same house.
8. The Tribunal sent a further letter dated [ ] to the Applicant asking him to say whether he was pursuing the application by [ ], and stating that the file would be passed to a Tribunal member for a decision after that date. No response was received to that letter.
9. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
10. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
11. The Scheme provided at para. 10 prior to the changes to the Scheme on 20 April 2021 as follows:
“10. No compensation will be payable where the offender and the victim were living together as members of the same household at the time the injuries were inflicted.”
12. I accept the evidence on the file of the relationship of the offender and victim and the description of the infliction of the injuries, and find that the parties were not members of the same household, though they lived under the same roof.
13. 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.”
14. While there was a lack of reply to the letter of [ ], a significant amount of information and receipts were previously provided to the Tribunal. Therefore, I consider that the Tribunal has been provided with all reasonable assistance.
15. The Applicant has established that he was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
16. The receipts provided by the Applicant indicate the following special damages:
Prescriptions: €73.19
Hospital charges: While an invoice was submitted for this, no proof of payment was submitted. Therefore I do not make any award under this heading.
Travel: €62.50
Loss of wages: €1,750
17. I therefore make an award of €1,885.69.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022