Publication
52854 (27 January 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 52854
Date of incident: [ ]
Date of application: [ ]
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 through his Solicitors [ ] an application to the Criminal Injuries Compensation Tribunal on the [ ] in respect of an injury suffered by the Applicant on the [ ] at [ ].
3. In their covering letter they stated that he was injured as a result of an assault on the [ ]. No details were furnished concerning the actual incident in question. He did state that he suffered facial lacerations and broken dentures. He received inpatient treatment from the [ ] to the [ ]. The Applicant Solicitors stated that: “Our client has mistakenly believed he could not lodge the application until he received his Garda Statement. When he consulted with our office we advised him the application could be lodged without a Garda Statement”. The Tribunal takes this to be a circumstance to referred to in Article 21 of the scheme. The Applicant himself under question 2(f) states: “the Gardai have not provided a copy of my statement yet. I was waiting to receive my statement before sending in my application”.
4. It is noted that at the time the Applicant was [ ] years of age and a student. The Tribunal wrote on the [ ] acknowledging receipt of the report and seeking the usual details in the form of a P60, a statement from the Department of Social Protection, and original receipts in respect of payments that the Applicant had to make as a result of his injuries. No details had been furnished in the original application form concerning any out of pocket expenses. At the same time enquiries were made from An Garda Siochana regarding the circumstances of the matter. It took quite a considerable period of time in order to obtain the information from An Garda Siochana which was eventually provided on the [ ]. From the description given it would appear that the Applicant was part of a group of people who had an initial altercation with a [ ] and a [ ]. Subsequently and post that incident at around [ ] on the [ ] the Applicant and a friend of his were sitting on steps near the junction of [ ] Street and [ ] Street when [ ] and [ ] again approached them and attacked both of them using fists and empty wine bottles.
5. It was reported that [ ] required twenty two sutures in total to wounds on his face and lacerations to his left eye brow, left cheek. A file was sent to the DPP for prosecution directions as a result of which it was directed that [ ] receive the benefit of a formal caution under the JLO Scheme. [ ] received an adult caution.
6. The Tribunal subsequently wrote to [ ] forwarding a copy of the Garda report and pointing out that no established losses were currently on file. The Tribunal requested original receipts in respect of payments [ ] had to make as a result of the incident. No response was received to that correspondence.
7. On the [ ] the Secretariat wrote to [ ] Solicitors in the following terms: “With reference to the above application and our previous correspondence on the matter a copy of which is enclosed please inform this office if your client still wishes to pursue this application. If so please forward the documentation required including original receipts and vouching documentation in regard to their out of pocket expenses arising from their personal injuries”. No response was received to that matter.
8. On the [ ] the Applicant’s Solicitors were written to in the following terms: “I would be grateful if you could let the Secretariat know if your client still wishes to pursue this application. A copy of the most recent correspondence is attached for your information. Please respond in writing quoting the above reference number by [ ]. If no response is received by this date the Application will be submitted to a Tribunal member who will make a decision”.
9. No response was received in connection with that matter.
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 details of any expenses have been submitted to the Tribunal. No vouchers supporting any such expenses (if they had been submitted) have been forwarded to the Tribunal. It is impossible therefore for the Tribunal on the balance of probabilities to determine that damages in excess of €63.50 should be awarded.
12. The Tribunal therefore dismisses the application under Article 9 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date: 27 January 2023