Foilsiú
50850 (31 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: 50850
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on the [ ].
2. The incident in question occurred at approx. 2.30 a.m. at a licensed premises in [ ]. The Applicant describes being present in a night club when he became the subject of a violent assault. He states that he was punched and headbutted causing him to fall to the ground where the assault continued. He then made his way towards the street in the direction of home when he was once again assaulted and repeatedly kicked while on the ground.
3. A medical report was received on behalf of Mr. [ ] compiled by Dr. [ ].
4. The Applicant has made a claim on his application form for a medical report fee in the sum of €350 and doctor/hospital expenses in the sum of €50.
5. An Garda Siochana report that the matter was investigated by Garda [ ] of [ ] Garda Station. A statement was taken [ ]. An Garda Siochana further have provided the Applicant’s PULSE records where it is apparent from same that he has had a number of previous convictions to include the following:
On the [ ] - a conviction for Section 2 assault; Threatening, abusive and insulting behaviour contrary to Section 6 and a second charge pursuant to the Public Order Acts.
It is further noted the Applicant was previously convicted of unlawful possession of drugs at [ ] Courthouse on the [ ].
On the [ ] the Applicant was convicted of two counts of unlawful possession of a controlled substance.
The Applicant’s PULSE record further reveals that on the [ ] he was convicted pursuant to Section 2 of the Forgery Act in respect of two counts thereof and one count of Section 4 forgery pursuant to the Act of 1915.
6. The Applicant’s solicitor’s [ ]. have submitted that the Applicant’s previous convictions were of some antiquity and therefore should be disregarded.
7. This tribunal does not agree with the latter submission. It is of note that the Applicant was previously convicted of a Section 2 assault and two public order offences in addition to a number of drug related offences. This tribunal is satisfied that the Applicant’s criminal history and in particular the nature of the offences in respect of which he was convicted are such that would preclude him from receiving compensation pursuant to the terms of this Scheme.
8. In the above circumstances this Tribunal is satisfied that Mr. [ ] is not entitled to compensation pursuant to the terms of this Scheme and this application is therefore dismissed.
Georgina Robinson
Criminal Injuries Compensation Tribunal
31 May 2022