Foilsiú
52251 (27 January 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: 52251
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The Application is dismissed under Article 9 of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The Applicant lodged an application for personal injuries with the Criminal Injuries Compensation Tribunal on the [ ] in respect of injuries received arising as a result of an assault on him on the [ ] at the [ ].
3. The application was received within the three month time limit provided for under the scheme.
4. The Applicant suffered an injury to his right eye and a slight strain to his back. No details were given concerning the actual assault initially on the application form but later on he stated that he worked for security at the [ ] Company and on the night of the [ ] his work colleague was attacked by three individuals. As he was trying to protect his colleague he received numerous blows to the face. While he was being assaulted his iPhone was broken and his watch and jacket were also destroyed. He said his friend has since had major rebuilding surgery on his face. He detailed his expenses as being the iPhone €400, watch €93 and jacket at €100. There was no other claim for expenses arising as a result of the injury.
5. The application was received by the Tribunal who wrote to Mr [ ] and on [ ] stating that they would write to the Gardai for a report and would be in further contact as soon as the report came to hand.
6. An Garda Siochana were written to but did not report back to the Tribunal until the [ ] contrary to Section 2 of the Non Fatal Offences against the Person Act. On the [ ] Mr [ ] withdrew his complaint against Mr [ ]. Mr [ ] left the jurisdiction before he was charged. He subsequently returned to Ireland and was convicted of this charge on the [ ] at [ ] District Court.
7. The Applicant was written to by the Tribunal on the [ ] in the following terms: “I refer to your application to the Tribunal and enclose a copy of the Tribunal’s letter to you of the [ ] to you for ease of reference. Please say if you propose to pursue this application to the Tribunal and if so please furnish all documents you wish the Tribunal Member to consider by [ ]. Your application will be forwarded to a Tribunal Member for a decision with documents that are already on file shortly thereafter.
8. No response has been received in connection with that matter.
9. The Applicant has not detailed any expenses as a result of the injury other than his mobile phone watch and jacket. None of those items in question are expenses incurred as a result of the injury. They certainly constitute damage conflicted upon his property but the Tribunal does not make any award in respect of damage to property. It only can only make an award under the scheme for expenses incurred arising from the personal injury.
10. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 (€63.50) should be awarded”.
11. In this particular case no details of any expenses arising as a result of the injury (as opposed to any material damage) have been claimed in the claim form and no vouching documentation has been furnished. No response has been received from the Applicant.
12. It is impossible for the Tribunal to determine therefore on the paucity of evidence furnished and indeed the lack of any claim for out of pocket expenses arising from the injury that the Applicant has met the requirements of Article 9 and accordingly the Application is dismissed under Article 9 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date 27 January 2023