Foilsiú
50950 (27 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: 50950
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 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. In his application for compensation under the original Scheme, dated the [ ] and received on the [ ], the Applicant stated that he suffered an assault on [ ] on the [ ].
3. There is a Garda Report on file dated the [ ]. It states that the Applicant suffered an unprovoked knife assault to the side of his face, following a night out in [ ]. The Applicant was taken to [ ] Hospital for treatment. The Applicant received eleven stiches and his scar was described as permanent and disfiguring. Two males were arrested in connection with the assault and other assaults on the night in question. All charges were to be sent forward to the Circuit Court and no compensation was paid. The Applicant has no criminal record.
4. There are no medical reports on file. However, the Applicant states that his confidence had taken a knock and that he suffers from anxiety since the attack.
1. Paragraph 21 of the scheme is relevant in this case.
2. Paragraph 21 states that ‘Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury’.
3. The incident in this case occurred on the [ ]. The Applicant’s application was received by the Tribunal on the [ ], which is five days outside the time limit.
4. The Applicant has not provided any reasonable explanation as to why the application was not submitted within the three-month time-limit. There is no evidence of circumstances which would justify exceptional treatment before the Tribunal. It is noted that the Applicant did not refer to the delay in his application. The Tribunal also notes that the Applicant was not kept as an inpatient in hospital following the attack.
5. A letter was sent to the Applicant on the [ ], asking the Applicant if he still wished to pursue his claim. No response was received.
6. In circumstances where no clear evidence has been put before the Tribunal to suggest why the three-month time limit should be extended, the Tribunal finds that there are no circumstances to justify exceptional treatment and it dismisses this application.
5. The Applicant’s claim fails under Section 21 of the scheme.
Majella Twomey
Criminal Injuries Compensation Tribunal
27 May 2022