Foilsiú
23724 (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: 23724
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Not admitted for consideration under the Scheme as failure to show that the injury was as a direct result of a crime of violence.
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 [ ], he stated that he was pushed by an unknown person when leaving a nightclub and fell to the ground, and suffered a nose bleed.
3. No medical or Garda documents were submitted. The Applicant stated that he had not reported the matter to Gardai. No special damages were claimed. No loss of earnings was claimed.
4. The Tribunal wrote to the Applicant in [ ] asking for an explanation as to why the incident was not reported to the Gardai. In response, the Applicant stated that he had not reported it as he did not know the person or persons who had done it to him.
5. By further letter dated [ ], the Tribunal wrote to the Applicant stating that the Scheme only covered out-of-pocket expenses exceeding €63.50. It asked what expenses were being claimed and for the Applicant to furnish the supporting receipts. No response was received to this letter.
6. A further letter dated [ ] was written to the Applicant asking that the Applicant indicate whether he wished to pursue his application, and if so, for him to furnish the documents required. No response was received to this letter.
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 find that the applicant has not 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. Accordingly, I do not admit the application for consideration under the Scheme.
9. In addition, 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.”
10. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
11. The Applicant has not established that he was the victim of a crime of violence. Accordingly, I do not admit the application for consideration under the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022