Publication
52127 (25 February 2023)
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: 52127
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant applied to the Tribunal arising from an incident which occurred on the [ ] at [ ]. The Applicant and another male known to him, [ ], had some interaction prior to the incident relating to girlfriends. On the [ ], the Applicant was seated in his car, which was parked at [ ]. [ ] pulled up in his car and approached the Applicant. [ ] then struck the Applicant in the face before shouting [ ].
The Applicant sustained bruising to his nose and right eye. He also sustained damage to his front teeth with tooth being entirely dislodged. He attended at the Accident and Emergency Department of [ ] University Hospital on the date of the incident and subsequently attended for dental treatment. At the time of the application, the Applicant anticipated requiring further dental treatment into the future.
The incident in this case was reported by the Applicant to An Garda Siochana on the [ ] and the Applicant later made a formal statement of complaint. The matter was investigated by Garda [ ] and the perpetrator, [ ], was prosecuted at [ ] District Court for Section 3 assault causing harm. [ ] pleaded guilty on the [ ] and the case was adjourned to the [ ] to enable [ ] to pay a sum of €[ ] to the Applicant by way of compensation.
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 was extremely late, being submitted more than seventeen months after the incident occurred.
The Applicant states in the Application Form that “[ ], who was the person that assaulted me was evasive of the Gardai at the start of their investigation. When they finally arrested him he denied all knowledge of the assault and even knowing me. This hindered any proceedings I thought I had open to me. On the [ ] in court, Judge [ ] advised me that because [ ] had admitted his guilt that I should pursue compensation from him through my Solicitor for the injuries I received from him.”
This Member of the Tribunal is not satisfied that the Applicant has established that such circumstances exist in this case to justify exceptional treatment. The Applicant reported the crime immediately to An Garda Siochana. The Scheme does not require a conviction, nor an admission, in respect of the crime. The Application does not set out any facts or circumstances which might be considered exceptional. The Tribunal is therefore unable to find that the circumstances of this case are such as to justify exceptional treatment which might render the application admissible.
The Applicant was the victim of a crime of violence which occurred on the [ ] at [ ] when he sustained personal injury. The perpetrator was prosecuted and the Applicant received the sum of €[ ] in compensation.
The completed application was received by the Tribunal on the [ ], more than seventeen months after the incident. Theis Member of the Tribunal does not find that the circumstances of this case are such as to justify exceptional treatment. The application was received substantially outside the permitted time period and the Tribunal is unable to consider the application any further under the terms of Paragraph 21.
The Tribunal further notes that no out-of-pocket expense or loss to date or into the future has been vouched at any time. Furthermore, the Applicant received a sum of €[ ] by way of compensation from the perpetrator. The Tribunal cannot award general damages for injuries sustained and there is no basis upon which the Tribunal could have considered an award by way of special damages notwithstanding the late application.
In the circumstances, the Tribunal makes no award.
Dated the 25th day of February 2023.
Cathal Lombard
Tribunal Member