Publication
51002 (8 October 2014)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Amended Scheme 1 April 1986
Non-Fatal Application
Name of Applicants: Mr. [ ]
File Number: 51002
Solicitor: [ ] Solicitors
Application within scope of Scheme? Yes
Application made within relevant time limit? Yes
This man suffered stab wounds at a party in a house at [ ] at approximately 12.30am on [ ]. As a result of the wounds he received he claims that he was unable to work for a year.
I have to first consider whether application was made within the time limit. While an application form was requested within one month of the incident, I am concerned that it was a further 10 months before the application form was returned to the Tribunal offices. However, the application is deemed to be within the time limit as the application was registered within the time limit.
I must then consider the relevance of Articles 13 and 14 of the Scheme. The applicant's solicitor was invited to comment upon applicability of these articles.
Article 13 states: "No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence".
The applicant's solicitor submitted that there were no grounds for considering applicability of Article 13. In this instance, I'm afraid I believe that the applicant must accept some responsibility in this instance for the injuries sustained as the Garda report indicates that; "The group...consumed some alcohol. Some or the entire group were taking drugs". In my opinion Mr. [ ] was knowingly participating in an enterprise which was endangering his own safety. Therefore, it is my view that Mr. [ ] must bear some responsibility, as outlined in Article 13, in this instance.
Article 14 states: "No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of an award where, in its opinion, is it inappropriate to do so having regard to the conduct, character or way of life of the victim".
The applicant's solicitor submitted that denying compensation would be unjust as "The applicant should not be discriminated against on the basis that past criminal conduct which is not associated with the injury complained of". Article 14 obliges me to consider the applicant's conduct, character and way of life prior to the incident, not alone in relation to the incident. In this instance, considering the list of previous convictions outlined in the Garda report, I am of the view that Article 14 should have relevance to this application.
I am somewhat at a loss to understand the claim for loss of earnings for 52 weeks post incident. Information received from the Department of Social Protection indicates that Mr. [ ] worked on average 25 weeks per year, earned on average €10,138.00 per annum or €195.00 per week, in the five years prior to the incident. This leads me to conclude that Mr. [ ] employment was more of a casual nature, rather than a full time position. The Department of Social Protection report of [ ], three years post incident, also indicates that no record of employment exists for Mr. [ ] for the year [ ] or after [ ]. Further, in [ ] there is only a record of 14 weeks employment. This further strengthens my view on the nature of Mr. [ ] employment. On the basis of Mr. [ ] employment history and taking account of my conclusions on the relevance of Articles 13 and 14, I consider that in making an award I must reduce the amount of the award to 50% of (€14,945.00) the amount claimed.
Therefore I award the sum of €7,472.50 in this instance.
Signed: [ ]
Dated: 8 October 2014