Publication
23744 (14 July 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: 23744
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is allowed.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation, submitted on the [ ], but notified to the Tribunal on the [ ], the Applicant states that he was the victim of an unprovoked assault on the [ ], at [ ]. The assault led to the Applicant sustaining injuries to his teeth and lip.
3. There is a Garda Report on file received by the Tribunal on the [ ]. The report states that it is alleged that the culprit hit the Applicant and another man in an unprovoked assault. The Applicant has no criminal record. No compensation was paid. The outcome of the proceedings was not recorded on file.
4. It is not clear to the Tribunal from the information on file if the person who was charged were subsequently convicted.
5. The Applicant submitted one dental receipt dated the [ ], of proposed treatment costs. This related to €160 for the extraction of three teeth, €330 for partial dentures and approximately €5,000 for implants. No further receipts were received, and there is no clear evidence to suggest that the implant work was actually carried out. The Applicant’s Solicitor also submitted a letter stating that the Applicant’s father carried out work on his farm following the attack. However, these out-of-pocket expenses have not been vouched, nor is any clear net figure given. The Applicant’s Solicitor also sought compensation for damage done to the Applicant’s clothes.
6. The Applicant’s application was not brought within three months of the alleged crime. However, it appears from the face of the record that the application was notified to the Tribunal within the required three months on the [ ]. Considering the fact that this is noted on the application form, it is accepted, on the balance of probabilities that the application was made within the required timeframe.
7. The Applicant claims to have been the victim of crime on the [ ].
8. In circumstances where the Applicant reported the incident to the Gardaí and where an attacker was identified to be prosecuted in this respect, it is accepted, on the balance of probabilities, that the Applicant was the victim of a crime of violence.
9. The Applicant has only provided one receipt from a dentist.
10. The Tribunal wrote to the Applicant’s Solicitors, [ ] on the [ ], seeking information as to when the criminal proceedings would be finalized and looking for information in relation to loss of earnings. The letter also sought further information in relation to dental costs and/or proposed treatment. There was no response to this letter.
11. The Tribunal sent a further letter to the Applicant’s solicitors on the [ ], sending on a copy of the previous letter and asking if the Applicant still wished to pursue the claim. The letter requested all out of pocket expenses to be furnished. No response was received to this letter.
12. The Applicant has failed to provide the Tribunal with any clear evidence of vouched expenses which occurred as a result of the crime, except for one dental receipt. There is no clear evidence to show than the suggested ‘implant’ work was carried out. The Applicant was requested for further clarification in relation to out of pocket expense but has failed to provide same.
13. Paragraph 11 of the original scheme states that ‘No compensation will be payable 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, and otherwise’.
14. The Applicant, in this case, has, unfortunately, not provided any reasonable assistance to the Tribunal in terms of submitting vouching information in relation to out-of-pocket expenses for the implant work, loss of earnings or damage to clothes. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.
15. However, there is a receipt for €160 and €330 for extraction and partial dentures.
16. In the circumstances, the Tribunal awards the Applicant in this case a total sum of €490. That being the sum of €160 for teeth extracts coupled with €330 for dentures.
Majella Twomey
Criminal Injuries Compensation Tribunal
14 July 2022