Publication
51675 (21 September 2022)
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: 51675
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal in respect of a crime of violence which occurred in the early hours of the [ ] in [ ]. The Applicant was speaking with his girlfriend on a public street when he was suddenly assaulted by a young male with whom he had an altercation earlier in a nightclub causing the Applicant to sustain personal injury. The Applicant was taken to [ ] Hospital [ ] in [ ]. He was diagnosed with a fractured mandible and subsequently underwent surgery at [ ] Hospital.
The incident was reported to the Garda regional control room and was subsequently investigated by Garda [ ] of [ ] Garda Station. The Applicant subsequently made a formal statement of complaint. The juvenile offender was identified and arrested for the purpose of interview. A prosecution was expected. The Applicant has not received payment of compensation at any time arising from the incident.
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, whilst marginally outside the time period, the Tribunal determines that the circumstances as a whole justify exceptional treatment give the margin of lateness and the reasons set out in the Application Form.
The Applicant states that he was the victim of a crime of violence which occurred on the [ ] in [ ] when he sustained personal injury.
The onus of proof in respect of the application rests with the Applicant. The Tribunal has no power to make an award of general damages. The Applicant has referenced certain items of potential loss in the application form, however no receipt or vouching documentation was submitted with the application form, nor received by the Tribunal at any time subsequently. In that regard, the Applicant has not met the required standard of proof.
In the circumstances, the Tribunal is unable to make award in this case.
Dated the 21st day of September 2022.
Cathal Lombard
Tribunal Member