53823 (26 July 2024)

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: 53823

Date of incident: Dates unknown between [ ] - [ ]

Date of application: [ ]

Decision outcome: €73,671

1. Ms. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. The Applicant describes an incident which occurred at [ ], the nature of which is recorded on various statements prepared and issued from An Garda Siochana. The Applicant’s date of birth is the [ ]. She is now [ ] years old.

3. The report produced by An Garda Siochana dated the [ ] records the incident occurred at an unknown date between the [ ] and the [ ]. An Garda Siochana confirm that the Offender was prosecuted and convicted at [ ] Circuit Criminal Court on the [ ] of [ ].

4. An Garda Siochana further state the injured party did not suffer any physical injuries but suffered emotional and psychological injuries as a result of the incident. This is contradicted by the Applicant who at Section 2 of her application forms states that she was also physically abused by the offender suffering regular beatings resulting in bruising all over her body. She further states the offender introduced her to drugs ‘heavier than weed (cocaine)’ which led her into drug addiction, depression and suicidal ideation.

5. A letter from Dr. [ ] appears on file stating that the Applicant has been prescribed an anti-depressant which costs approximately €35 per month, according to the Applicant’s mother. The Applicant’s mother has also corresponded directly with the Tribunal on her daughter’s behalf. The Applicant’s mother has claimed the sum of €1,678 in respect of treatment expenses. She has also claimed travel and living expenses for a period specified as concerning the Applicant’s treatment for drug addiction.

6. Correspondence passed between legal representatives for the Applicant and the Tribunal culminating in a letter from the Tribunal to the Applicant’s legal representatives dated the [ ]. The said letter advised that should no response be received by the [ ] the file of papers would be passed to a Tribunal member for a decision. A response was received from the said legal representatives dated the [ ] enclosing the following additional documents:

- Report of [ ] Consultant Psychiatrist

- Report of [ ] Vocational Assessor

- Counselling Records (32 pages)

- Substance Misuse Treatment Records (48 pages)

7. By way of the additional documentation received the Applicant via her legal representatives has set forth a claim for loss of earnings which is to be considered in addition to the vouching documentation received in respect of out-of-pocket expenditure. All heads of claim are to be considered by this Tribunal in relation to the issue of proximity to the injuries suffered as a result of the crime of violence in this case. Prior to considering same, however, the application in this case must first be considered in the context of paragraph 21 (now paragraph 20) of the Scheme.

8. Paragraph 21 (now paragraph 20) of the Scheme provides as follows:

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

In this case the Applicant has demonstrated serious psychological sequalae resulting in obvious impairment such as would have impeded her submission of this application within the prescribed time frame. Accordingly, having considered the application in its entirely with particular reference to the medical evidence now adduced the Tribunal is satisfied that it is appropriate in this case to extend time for the making of this application.

9. Paragraphs 1 of the Scheme set out the purpose and remit of same as follows:

(1) The Criminal Injuries Compensation Tribunal established under Paragraph 16 of the Scheme may pay compensation in accordance with this Scheme in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in Paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life. The injury must have been sustained within the State or aboard an Irish ship or aircraft. Arson and poisoning will be regarded as coming within the scope of the expression “crime of violence” and, in determining whether any act is a crime for the purposes of the Scheme, the Tribunal will not take account of any legal immunity which the person who inflicted the injury may have by reason of his mental health, his youth or otherwise. The word “injury”, as used in the Scheme, includes a fatal injury.

Accordingly, the loss recoverable by an applicant under the terms of the Scheme is in respect of an injury directly attributable to the crime of violence.

10. From a comprehensive review of the out-of-pocket expenditure submitted the Tribunal is satisfied that expenditure directly attributable to the crime of violence in this case has been vouched in the sum of €7,411. This expenditure included the treatment expenses in addition to living and traveling expenses incurred by the Applicants mother as outlined previously in this decision.

11. Regarding pain and suffering, Paragraph 6 further outlines the nature and extent of compensation which can be awarded as follows:

(6) Subject to the limitations and restrictions contained elsewhere in this Scheme, the compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liabilities Acts except that compensation will not be payable

(a) by way of exemplary, vindictive or aggravated damages;

(b) in respect of the maintenance of any child born to any victim of a sexual offence.

(c) in respect of loss or diminution of expectation of life;

(d) where the victim has died, for the benefit of the victim’s estate, or

(e) in so far as injuries sustained on or after 1 January, 2006 are concerned, with the exception of fatal cases, in respect of pain and suffering. In fatal cases, the maximum award for compensation for pain and suffering is limited to the maximum amount set in any Statutory Instrument made pursuant to section 49 (1A) of the Civil Liability Act 1961 as amended.

12. The Applicant’s remaining claim advanced at this time therefore concerns the Applicant’s ability to earn a living. The report of Ms. [ ] has been submitted for consideration under this heading.

13. Ms. [ ] outlines the Applicant’s present circumstances as residing in a [ ] in [ ] where she was attending a course since [ ]. This is corroborated by the report of Mr. [ ] Consultant Psychiatrist who states that the Applicant moved to [ ] in [ ] in order to attend a [ ] course at [ ] in the area of [ ]. He also notes however that during her [ ] year of the course the Applicant’s mental health declined to the extent that she ceased attending same. He notes the Applicant re-commenced smoking heroin. Mr. [ ] fears that the Applicant’s mental health and addition issues will result in the Applicant not completing her course of study.

14. Ms. [ ] also states that in [ ] the Applicant had attained qualification in a [ ] ‘[ ]’ Course in two areas of study and was awarded a distinction in both areas. In [ ] she obtained a place on a [ ] program which she initially deferred but was later awarded a distinction in. Following on from same she was offered her place on the level [ ] course in [ ] at [ ]. She was however absent from same to the extent that she was advised to defer her [ ] year of same.

15. Ms. [ ] concludes that the Applicant’s mental health difficulties and associated addiction issues are having at present an impact on the applicant’s educational trajectory. Ms. [ ] states were the Applicant in a position to complete her level [ ] training she would be eligible for employment as a [ ] worker. There is however no guarantee of this at this time due to the Applicants ongoing health issues. If she is in a position to obtain such employment, she would likely obtain a salary over time rising to a maximum of scale of €47,061 gross per annum.

16. Ms. [ ] concludes “Given Ms [ ] young age, one would be slow to conclude that she would not progress into some form of employment in the future. However she is unlikely to do so without significant supports”. She defers to the Psychiatric experts retained as to the likely progress of the Applicant recovering from her current difficulties such as to be in a position to maintain gainful employment. Mr. [ ] notes a considerable risk that the applicant will not achieve her goals based on her present addition issues.

17. The Applicants mother has incurred treatment and travel expenditure in the in the sum of €7,411. This sum is awarded to the applicant’s mother in full.

18. In regard to the Applicant herself, it is clear from the reports submitted that post the infliction of a crime of violence upon her in [ ] the Applicant’s life trajectory was severely impacted causing not only mental health but severe addition issues. The Applicant has none the less attempted to attain educational qualification and has thus far successful obtained a level [ ] qualification and is currently on course to obtain a level [ ] qualification as outlined. As noted in the expert reports submitted the Applicant is not in receipt of support from the Department of Social Protection and remains a candidate for qualification in her chosen course of study.

19. Accordingly, it is not possible for this Tribunal to conclude at this time that the Applicant will suffer a loss of earnings into the future.

20. The Tribunal is of the view however that the Applicant has to date, having not completed her Leaving Certificate, suffered a loss of vocational opportunity which will in accordance with the assessment of Ms. [ ] cause her financial loss. Based on the evidence contained in Ms. [ ] report the Tribunal awards the lump sum of €66,260 in respect of same. This figure is taken from the report of Ms. [ ] which notes that the applicant would be at a loss of €33,130 and has projected this loss over a two-year period to reflect the loss of vocational opportunity identified.

21. Finally, the tribunal is mindful of the Applicants present addiction issues. The Tribunal notes that the applicant is legally represented and would encourage the parties to take all necessary steps to protect the award made to the applicant so as it may be utilised to her benefit.

22. The Applicant is awarded the sum of €66,260. The Applicants mother is awarded the sum of €7,411 in respect of the vouched expenditure she incurred. The total award in this case is €73,671.

For the Panel at First Instance:

Georgina Robinson, Solicitor (Panel Chair)

Nora Pat Stewart B.L

Cathal Lombard , Solicitor

Criminal Injuries Compensation Tribunal

26 July 2024