Publication
50770 (13 May 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: 50770
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Not admitted under the Scheme as failure by the applicant to establish that the injury is directly attributable to a crime of violence.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) through his brother [ ].
2. In his application for compensation under the Scheme, signed and dated [ ], it is stated that the Applicant’s [ ] had been [ ], by a person or persons unknown to him, and that a passer-by called an ambulance. The Applicant was put into an induced coma. An anonymous phone call was made to the Gardai and the Applicant was identified. The Applicant and his family did not know of the Scheme until the week before the application.
3. The Applicant was an in-patient from [ ] until [ ].
4. No criminal proceedings had been taken by the time of the application.
5. The Tribunal requested a Garda report by letter dated [ ] but there was no reply to the request.
6. By letter dated [ ], the Tribunal acknowledged the application and asked the Applicant for details of any loss of earnings, medical expenses or other expenses claimed, together with documentary supporting evidence. No response was received.
7. The Tribunal sent a further letter dated [ ] to the Applicant asking him to say whether he was pursuing the application by [ ], and stating that the file would be passed to a Tribunal member for a decision after that date. No response was received.
8. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
9. I am not satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. No supporting factual or medical documentation outlining the nature of the injuries suffered was submitted. Accordingly, I do not admit the application for consideration under the Scheme.
10. Further, even if I were to admit the application for consideration the Scheme, the Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. 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.”
11. From the foregoing lack of reply to the letter of [ ], I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
12. This is aside from the consideration of the fact that the application was not made within three months of the incident giving rise to the injury, and consideration of whether the circumstances justified exceptional treatment under para. 20 (previously 21).
13. The Applicant has not established that he was the victim of a crime of violence. Accordingly, I do not admit the application for consideration under the Scheme.
14. Even if the application were admitted for consideration under the Scheme, the applicant has not replied to correspondence in relation to his application. Therefore I further find that he has not given all reasonable assistance to the Tribunal as required.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022