Publication
51870 (29 October 2022)
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: 51870
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 10 of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that he was assaulted in a licensed premises at [ ] on [ ] when an individual known to him [ ]. The Applicant attended [ ] Hospital, [ ], for treatment for his injuries following the attack, and also attended [ ] Hospital, [ ] and his own GP Dr [ ] based in [ ] for treatment.
In his application to the Tribunal the Applicant stated that [ ] and that as a result of this attack and the injuries he suffered, he was absent from work from the date of the incident until to [ ]. This application was received by the Tribunal on [ ].
The assault was reported to the Gardaí at [ ] Garda Station, [ ] on the day of the incident by staff in [ ] County Hospital, [ ] upon presentation of the Applicant. In a Garda Report furnished to the Tribunal from [ ] Garda Station, Co. [ ] on [ ], the Gardaí confirmed that the Applicant had been assaulted when having a drink in the hostelry, that he had been punched and struck with a bar stool, as well as [ ]. The Garda reported that the Applicant’s assailant had been charged and convicted of a Section 3 assault, pursuant to the Non-Fatal Offences Against the Person Act, 1997 and on [ ] had received a [ ] -custodial sentence, with one year suspended.
On his application form the Applicant stated that he had received compensation of €2,000 as a token of good will from his assailant but that his family (that is, the family of the assailant) had phoned for the money back and that they had received it the following day.
While the Applicant submitted a Report from [ ] Hospital which recorded his attendance and his injuries, the Applicant made no claim on his application form for out-of-pocket expenses he incurred arising out of the personal injuries he sustained in this attack, and there is no vouching to that effect on his file.
The Tribunal furnished the Garda Report it had received to the Applicant on [ ] and in cover correspondence noted therein that all expenses the Applicant intended to claim arising from the injuries he sustained in the assault had to be supported by documentary evidence, including proof of income earned in the year prior to the assault, and vouching for any medical expenses claimed or other such expenses incurred arising from the personal injuries. The Tribunal received no response.
On [ ] the Tribunal wrote to the Applicant and enclosed a copy of its letter to the Applicant dated [ ] and noted therein that if it received no response from the Applicant by [ ], a decision would be made on his application file as presented. No response was received from the Applicant.
Paragraph 10 (previously paragraph 11 of the Scheme) states that:
“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to establish his claim.
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application pursuant to paragraph 10 of the Scheme, no compensation can be paid to the Applicant and no further consideration of this application is required.
No award
*As the Tribunal has made a determination on this application pursuant to both paragraph 10 of the Scheme, it is of the view that it is not necessary to consider or to make a determination on the issue of the delay by the Applicant in submitting his application.
Nora Pat Stewart
29 October 2022