Publication
54168 (25 August 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: 54168
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Applicant refused under Paragraph 11 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant states that he had returned to [ ] from a night out in [ ] on [ ] when he was assaulted by two unidentified males. The Applicant was walking along the footpath near the [ ] roundabout when he was approached by these men who were looking for cigarettes. The Applicant did not have any and proceeded on his way when it appears he was pushed from behind by at least one of these men and subsequently struck in the face. The Applicant states that he was knocked unconscious by the assault and when he came to he was lying on the ground on his own. He subsequently contacted family members who contacted Gardaí and brought the Applicant to [ ] General Hospital. The Applicant states that he sustained multiple fractures to his cheek bone and eye socket and his jaw was knocked out of alignment, necessitating surgery at [ ] Hospital in [ ].
3. The Tribunal wrote to the Applicant on [ ] acknowledging the application and requesting further information, including original receipts in respect of out-of-pocket expenses. The Tribunal did not receive a response to this letter. The Tribunal again wrote to the Applicant on [ ] asking the Applicant whether criminal proceedings had finished. The Tribunal did not receive a response to this letter.
4. The Tribunal wrote to the Applicant’s solicitor on [ ] asking whether the Applicant wished to proceed with his application for compensation. No response was received to this correspondence and the application was sent for decision.
5. Paragraph 11 of the Scheme provides:
‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
6. The application form, signed by the Applicant, confirmed his acceptance, under Part 8 (e), that he would provide all reasonable assistance to the Tribunal. In the Tribunal’s view, such an acceptance would clearly include assisting the Tribunal by providing information in respect of the Garda investigation and/or prosecution so as to enable the Tribunal to properly assess the Applicant’s claim.
7. The Applicant has failed to respond to requests for information from the Tribunal to enable the progression of his claim for compensation.
8. The Tribunal is satisfied, on the basis of the above, that the Applicant has failed to comply with the duty imposed upon him pursuant to paragraph 11 of the Scheme and that, as a result, no compensation should be paid in respect of this application.
9. N/A.
10. N/A.
11. N/A.
12. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
25 August 2023