54198 (5 July 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: 54198
Date of incident: [ ]
Date received: [ ]
Decision: €2,500.30
1. On [ ] after attending a concert in [ ], the applicant was assaulted when walking with a group of his friends. He received a single blow which knocked him backwards and off his feet. The applicant fell to the ground and hit his head off the road. The applicant was brought to hospital by ambulance where he received treatment. The matter was reported to the gardaí and a criminal prosecution took place. Three individuals were prosecuted before [ ] Circuit Criminal Court in relation to the matter and each of them received a custodial sentence.
2. I am satisfied on the balance of probabilities that the applicant sustained injuries directly attributable to a crime of violence. I admit the application for consideration under the Scheme.
3. The applicant’s injuries included an occipital hematoma tender to the touch, deformed right maxilla, swollen right cheek, tenderness over the back of his neck, his right hip and right knee. A CT scan also showed a subarachnoid haemorrhage. The applicant was discharged from hospital on [ ] and has since received physiotherapy for his knee.
4. The applicant has submitted receipts for visits to his general practitioner in the sum of €120. He has submitted physiotherapy receipts in the sum of €110 and medicine / prescription receipts in the sum of €63.30. The applicant was out of work [ ] until [ ]. The applicant was not entitled to any benefits from Social Welfare as he had insufficient contributions from [ ], there is a letter from Social Welfare to that effect on file. The applicant was working full time at the time of the assault and he has submitted payslips and P60’s which confirm this. An average of the four payslips submitted amounts to €2,207.
5. I am satisfied that the applicant suffered personal injuries directly attributable to a crime of violence and that as a result of those injuries he had out of pocket expenses and loss of earnings. I award the applicant €2,500.30 in respect of his claim.
Signed: Elizabeth Davey
Date: 5 July 2022