Foilsiú
54944 (30 June 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.
File Number – 54944
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Solicitors: [ ]
On the [ ] and [ ] when the Applicant was [ ] she was sexually assaulted by two males.. The incidents were reported to An Garda Síochána in [ ] by the Applicant’s father. Criminal proceedings took place in respect of the incidences but no compensation was paid to the Applicant in respect of those incidences. As a result of the incidences the Applicant attended [ ] Hospital for outpatient treatment between [ ] to [ ]. The Applicant submitted that as a result of the incidents she suffered from depression, anxiety and post-traumatic stress disorder.
The Applicant submitted that she did not incur any expenses as a result of the incidences as her parents covered any costs of therapy attended. The Applicant also submitted that she was the holder of a medical card. Specifically the Applicant’s claim is for compensation for pain and suffering as a result of the two incidents.
The Applicant was born on the [ ] and therefore reached the age of majority on the [ ]. The application was made on the [ ].
[ ]
Accordingly the application is deemed to fall within the Scheme as the two years allowed for submission of an application commenced running on the [ ].
Pursuant to the provisions of the Scheme (paragraph 6,) damages for pain and suffering are not payable. The Tribunal had the benefit of a letter dated the [ ] in which the Applicant’s solicitors set out that fair and appropriate compensation within the meaning of the term of Article 12(2) of the Directive 80/2004/EC includes general damages for pain and suffering.
The Tribunal member finds that any compensation awarded must be awarded in accordance with the terms of the Scheme as currently devised. The Applicant has not submitted any vouched expenses in respect of the injuries sustained. In the circumstances, while the application is submitted to the Scheme, no damages are payable in respect of the incidences as no evidence of out of pocket expenses have been submitted in respect of the incidences., and an award for general damages is not permitted under the Scheme.
Dated: 30 June 2022
Signed: Mema Byrne BL