Publication
50656 (22 March 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 50656
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant states that a work colleague became involved in an altercation in the early hours of the morning and the Applicant intervened to break it up. He was knocked to the ground and the perpetrator, [ ], proceeded to kick him in the face causing damage to the Applicant’s teeth.
The Applicant states that he sustained damage to eight teeth, all of which were damaged or broken. The Applicant initially attended at [ ] General Hospital and later attended with two dentists in [ ]. The Applicant stated that he would require root canal treatment in respect of three teeth. He was absent from work for one week.
The incident in this case was reported by the Applicant to An Garda Siochana in [ ] on the [ ] and the Applicant made a formal statement of complaint. The matter was investigated by Garda [ ] and Sergeant [ ]. The perpetrator, [ ], was prosecuted at [ ] District Court in respect of the assault. At the time of the application, no compensation had been paid to the Applicant.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme (pre-April 2021) states that “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 application was received on the [ ] and was substantially late, being submitted more than fourteen months after the incident occurred.
The Application was submitted with a cover letter from the Applicant’s Solicitors which stated as follows:
“You might please note that the Gardai have been unable to furnish us with details of the incident herein, as the offender has appealed his case to the Circuit Court, which is due to be heard in [ ].”
No further explanation for the late application has been provided. This Member of the Tribunal is not satisfied that the Applicant has established that exceptional circumstances exist in this case to justify exceptional treatment. The Applicant reported the crime immediately to An Garda Siochana. The Scheme does not require a conviction, nor an admission, in respect of the crime. The Application does not set out any facts or circumstances which might be considered exceptional. The Tribunal is therefore unable to find that the circumstances of this case are such as to justify exceptional treatment which might render the application admissible.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ] when he sustained personal injury.
The completed application was received by the Tribunal on the [ ], more than fourteen months after the incident. This Member of the Tribunal does not find that the circumstances of this case are such as to justify exceptional treatment. The application was received substantially outside the permitted time period and the Tribunal is unable to consider the application any further under the terms of Paragraph 21.
The Tribunal further notes that no out-of-pocket expense or loss has been vouched at any time. The Tribunal cannot award general damages for injuries sustained and there is no basis upon which the Tribunal could have considered an award by way of special damages for out-of-pocket expenses notwithstanding the late application.
In the circumstances, the Tribunal makes no award.
Dated the 22nd day of March 2023.
Cathal Lombard
Tribunal Member