52695 (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.
Application Number – 52695
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
On the [ ] the Applicant was working [ ] when he [ ] at [ ] from [ ]. When the Applicant [ ] leaned forward and put a large knife across the front of his neck. The [ ] also pulled out a knife and threatened to stab the Applicant in the leg. The perpetrators demanded the Applicant’s money. The perpetrators took the Applicant’s wallet. It had cash of about €120 in it, his [ ] and his AIB laser card. The perpetrators also took the Applicant’s two phones. One of them was a smartphone and the other was an old Nokia phone.. The Applicant thinks that the perpetrators also took a further €20 cash. After the incident the Applicant was extremely shaken and eventually went to the Garda Station to report the incident. The Applicant submitted that he suffered losses of €300 representing approximately €100 per day for three days in which he did not work after the incident. The Applicant also made a claim for €35 for replacement of his stolen drivers licence €80 for the replacement cost of his Nokia phone, €120 for the Vodaphone smartphone and €55 for a doctor’s visit to Dr. [ ] together with €140 that was stolen and €50 in [ ] vouchers. The Tribunal wrote to the Applicant and requested a copy of his P60 form in relation to the claim for loss of income. On the [ ] the Tribunal wrote to the Applicant and requested a full Garda report in respect of the incident. No response was received to that letter. On the [ ] the Tribunal wrote to the Applicant and requested that the Applicant respond to the Tribunal by the [ ] and informed him that in the absence of any response the file was to be sent to a Tribunal member for a decision. The Scheme provides for losses resulting from personal injuries sustained as the result of a criminal act. In the circumstances, the losses sustained by the Applicant in respect of stolen property such as his phones, his driver’s licence, stolen cash and vouchers for [ ] are not recoverable under the terms of the Scheme While the Applicant has submitted that he sustained a loss of earnings of €100 per day for three days he has submitted no evidence in relation to his earnings at that time despite having been requested to do so. While the Applicant has submitted a voucher in respect of attending his doctor in the sum of €55 the Scheme as formulated on the date of the application does not compensate applicants for sums less than €80. In the circumstances the Tribunal makes no award in this instance.
Dated: 13 May 2022
Signed: Mema Byrne BL