54894 (1 April 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: 54894

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”).

2. On the [ ], the applicant was the victim of an unprovoked and vicious assaulted by an unknown female (“the offender”) on [ ]. The applicant was struck in the face by the offender and kicked several times while on the ground.

3. The matter was reported to [ ] Garda Station. The matter was investigated by Garda [ ]. Unfortunately, the offender was never identified, and therefore evaded prosecution.

4. The applicant has not provided any medical reports to the Tribunal.

5. The applicant sustained a laceration to her [ ] ear and her lip. The applicant sustained scratches and lacerations to her body and arms. The applicant was treated in the [ ] Hospital. She also received treatment from her GP.

6. The applicant maintains that she might require cosmetic surgery to repair her ear. She also maintains that she suffered hearing loss in the ear and experiences regular migraines.

7. The applicant was also severely psychologically traumatised. She maintains that she developed PTSD, anxiety and social phobia. She attended counselling and also required psychiatric treatment in [ ] Hospital. The applicant’s injuries are continuing to grossly affect her.

8. The applicant was a Student at the date of the incident. She also assisted part-time as a [ ]. She was unable to return to work until the [ ]. She incurred approximately €250 in lost earnings.

9. The applicant also maintains that she incurred taxi expenses of approximately €640.

10. She also incurred counselling expenses, GP expenses and medication expenses.

11. Unfortunately, none of the above expenses have been properly vouched. The applicant’s mother has provided a bank statement in support of some of the expenses incurred, but unfortunately this is insufficient to properly and sufficiently vouch the applicant’s out-of-pocket expenses.

12. The Tribunal has no doubt that the applicant was the victim of a vicious and unprovoked assault. The Tribunal has no doubt that the applicant sustained physical injuries and psychological injuries which continue to severely affect her. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal has no power to make such awards. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. In circumstances where the applicant has not properly vouched any of the out-of-pocket expenses claimed, it is with the greatest of regret that it is not possible to make any award to the applicant.

13. If the applicant had provided taxi receipts (or Free Now receipts for the journeys claimed), receipts from any Counsellors and GPs attended, a letter from her employer outlining the net loss of earnings sustained and/or P60’s (and any documentation and reports to vouch any future losses, if being claimed), receipts from pharmacies for her medication costs, then the Tribunal would have made an award to the applicant.

David Culleton

Criminal Injuries Compensation Tribunal

1 April 2024