Foilsiú
51905 (21 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 incident: [ ]
Date of application: [ ]
Case reference: 51905
Decision: Pursuant to Paragraph 16 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 [ ] and stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was injured on [ ] in [ ] as the result of an unprovoked physical attack from [ ].
4. The applicant stated that, as a result of the incident he suffered a broken cheekbone, fracture to the skull and chipping to numerous teeth.
5. In support of his application, the applicant submitted a number of receipts in relation to the medical treatment he received following the incident.
6. In his application, the applicant stated that he had received compensation from the offender at [ ] District Court of the sum of €15,000.
7. With respect to the delay in making his application to the Tribunal, the applicant stated that he had hoped that his physical injuries would improve over time, but they did not. The applicant stated that, during the three months following the incident, he was unaware of the Tribunal.
8. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the applicant was injured at [ ]. The Garda Report states that the applicant was viciously assaulted in an unprovoked attack. He was struck to the eye, and to the head and body after collapsing to the ground. The offender was restrained by Gardai and brought before [ ] District Court. The offender paid the applicant a “goodwill payment” in court to the amount of €15,000. The applicant has no criminal record.
9. 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. The applicant was alerted to the provisions of the Scheme which require the Tribunal to deduct any other award of compensation to the applicant from or on behalf of the assailant when making an award of compensation under the Scheme.
10. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
11. No response to this letter is on file.
12. 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 16 of the Scheme provides: “The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.”
16. The only expenses which are properly before the Tribunal relate to prescription charges and hospital expenses.
17. The applicant stated in his application form that he had received €15,000 in compensation from the assailant as a goodwill gesture in court. This is confirmed in the Garda Report.
18. On [ ] the Secretariat of the Tribunal wrote to the applicant informing him of the provisions of Paragraph 16 of the Scheme which require the Tribunal to deduct this amount from any award of compensation. The applicant was asked if he had incurred any further expenses in excess of the €15,000 which he had previously obtained in compensation. There is no reply to this letter on the applicant’s file.
19. Therefore, there is no information before the Tribunal to suggest that the provisions of Paragraph 16 of the Scheme should not apply in this case.
20. As the amount of compensation received by the applicant in respect of his injuries sustained exceeds the amount claimed by the applicant for out-of-pocket expenses, no award of compensation will be paid.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
21 October 2022