Publication
52316 (8 September 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
File number - 52316
Criminal Injuries Compensation Tribunal
Applicant: [ ] [ ] [ ]
Date of incident: [ ]
Date application received: [ ]
On the [ ] the Applicant was assaulted by two males in [ ]. As a result of the assault the Applicant suffered a hematoma in the brain, and a haemorrhage in the inner ear, lacerations to the back of his head, a slashed eyebrow, broken cheekbone, broken left hand and other injuries. The Applicant was an inpatient in [ ] University Hospital from [ ] to the [ ]. The Applicant submitted that he was finding life after the incident extremely difficult as he could not work.
The Applicant reported the incident to An Garda Síochána; however at a later date he informed the Gardaí that he did not want to pursue a complaint of assault and in light of the complaint being withdrawn a prosecution could not be pursued. An Garda Síochána were unaware of any compensation being received by the Applicant from either suspect.
The Applicant submitted a number of invoices amounting to €425 for medical expenses and prescription claim forms in the sum of €31.16. By letter dated the [ ] the Tribunal wrote to the Applicant and informed him that all expenses claimed must be vouched. By letter dated the [ ] the Tribunal wrote to the Applicant and asked the Applicant to state whether he wished to pursue the application and if so to furnish all documents that he wished to be considered by the Tribunal. By letter dated the [ ] the Applicant informed the Tribunal that he wished the file to be sent to a Tribunal member for a decision.
Article 23 of the Scheme provides:
"To qualify for compensation ii would be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to Gardaí without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where it is satisfied that all reasonable efforts were made by or on behalf of the claimant to notify An Garda Síochána of the offence and cooperate with them."
In the instant case the Tribunal finds that the Applicant reported the incident to An Garda Síochána. In circumstances where the Applicant had received extensive injuries and made a decision not to pursue a complaint, the Tribunal finds that the Applicant did cooperate with An Garda Síochána but did not have the appetite to go through a criminal trial as a witness. ln the circumstances the Tribunal accepts the application to the Scheme and awards €456.16 (a calculation of the above in receipts) to the Applicant in respect of his claim.
Dated: 8 September 2022
Mema Byrne