Publication
51745 (14 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: 51745
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 6 of the Scheme.
1. Mr. [ ] (‘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 lives in [ ]. On the [ ] the Applicant and his friend travelled to [ ] to attend a [ ] festival. They attended a nightclub following the festival where they met two males who invited the Applicant and his friend to their house for a house party. The Applicant, his friend and the two males travelled to [ ]. Upon arrival at the house the two males produced weapons, including a knife and firearm, and proceeded to seriously assault and threaten the Applicant and his friend while demanding money from them. The Applicant managed to escape and raise the alarm however the males fled the scene to [ ] taking the Applicant’s friend with them. The Applicant’s friend subsequently managed to raise the alarm and contacted the [ ] in [ ].
3. Two men suspected of committing the offence were subsequently prosecuted in [ ] but were acquitted by direction of the trial judge. The Tribunal is informed by An Garda Síochána that as of the date of the application it was anticipated that criminal proceedings against these two men would be instituted if and when they return to this jurisdiction.
4. The Applicant appears to have suffered both physical and psychological injury from his ordeal. The Applicant makes no claim for out-of-pocket expenses arising from the incident. This was confirmed in correspondence [ ] from the Applicant’s solicitor to the Tribunal.
5. The Tribunal wrote to the Applicant’s solicitor on [ ] enquiring 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.
6. Paragraph 6 of the Scheme (as amended) provides that compensation to be awarded by the Tribunal will be on the basis of damages awarded under the Civil Liability Acts and that compensation will not be payable inter alia in respect of pain and suffering. Thus, compensation under the Scheme is limited to out-of-pocket expenses arising from a crime of violence.
7. The Applicant’s solicitor has previously confirmed that the Applicant has no out-of-pocket expenses. Accordingly, no compensation can be payable under the Scheme and the application is refused.
8. N/A.
9. N/A.
10. N/A.
11. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
14 August 2023