53028 (3 October 2023)
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: 53028
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
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, received by the Tribunal on the [ ], the Applicant states that she suffered injuries by virtue of a criminal incident which occurred on [ ] the [ ]. As a result of this assault the Applicant suffered facial injuries requiring five stitches to the upper lip. Dental treatment, root canal treatment, gum damage, broken teeth. It is noted the Applicant may require further dental treatment.
3. The incident was reported to An Garda Siochana at [ ] Garda Station. An Garda Siochana report as follows. “The incident occurred at [ ] a.m. on the [ ]. Garda [ ] was at the location at the time of the incident however it was not witnessed by the said member of An Garda Siochana. The victim sustained lacerations to her upper and lower lips which were sutured at [ ] Hospital on the night of the incident. She later received dental treatment as three of her teeth were pushed out of place. Extensive dental treatment was to follow where the prognosis for these teeth was described by her dentist as poor. The assault the, subject to the incident, was as a result of [ ]”.
4. The Applicant has no criminal record. Proceedings were taken as against the Offender on the [ ]. The Court determined that the Offender was to pay the sum of €5,000 within one week of the Court date and further €5,000 within one week of the following Court date on the [ ] at [ ] Circuit Court, in substitute of a [ ] -month suspended sentence. The Offender was to contact the Probation Services.
5. An extensive statement also appears on the file of papers from the Applicant together with photographs of the injuries sustained.
6. It appears from the report of An Garda Siochana that the Applicant has received the sum of €10,000 from the Offender in this case.
7. The Applicant’s employers in this case [ ] note a loss of earnings from the [ ] to the [ ]. Vouchers have also been submitted from [ ] Hospital and in respect of dental treatment.
8. Having considered the file of papers the sum of €10,000 already received from the Offender greatly exceeds any claim put forward by the Applicant through the documentation submitted at this time. Accordingly no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
3 October 2023