Foilsiú
51414 (11 April 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: 51414
Date of incident: [ ]
Date of application: 3rd [ ]
Decision outcome: The application is refused 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 received on the [ ] via her Solicitors [ ] & Company in respect of an incident which occurred on the [ ].
3. The application was submitted on behalf of her son [ ] a minor, date of birth: [ ]. He is now [ ] years of age. He received injuries to his upper lip, his teeth were badly damaged and he suffered psychological injuries, scarring.
4. The incident is somewhat usual and frightening in that the offender [ ] with the Applicant, striking him on the mouth. The offender subsequently received the JLO form of caution.
5. The Tribunal is satisfied that the minor Applicant (now an adult) was the victim of a crime.
6. Dr [ ] stated that the Applicant suffered damage to his upper lip, gum and upper incisor as a result of [ ]. It was noted that he had undergone an initial medical assessment and” is now undergoing dental treatment.
7. A report was submitted Dr [ ]. She reported that he was seen as an emergency on the [ ] following the incident on the [ ]. He had a very inflamed upper lip. There was trauma to the gingival region of the upper incisors. The upper left incisor was very tender on palpitation. Antibiotics were prescribed. An attempt was made that day and on the following day to try re-position and splint the affected tooth. However, cooperation was poor. He was seen again on the [ ] and the [ ], at that stage it was noted on the [ ] that there was complete healing of the gums, colour mobility and vitality tests were all normal.
8. On review on the [ ] no abnormality was detected on clinical and radiographic examination. He was eventually seen again on the [ ] and again no abnormality was detected. No costs were associated with the visits and treatment.
9. The Applicants Solicitors were written to on the [ ] and again on the [ ] by the Secretariat. In the letter of the [ ] they were asked to furnish details of the losses with supporting documentation. No response was received to that. On the [ ] the Applicant’s Solicitor was written to in the following terms: “Please say if you propose to advance your client’s application to the Tribunal and if so please furnish all documents you wish the Tribunal Member to consider by [ ]”. The Applicant’s Solicitor was advised that the Application would be forwarded to a Tribunal Member and that the Tribunal required original receipts. No response has been received to that letter.
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. No losses have been detailed in the application to date. No original receipts have been furnished.
12. It is therefore impossible on the balance of probabilities for the Tribunal to determine that compensation in excess of €63.50 should be awarded and accordingly the application is dismissed.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
11 April 2023