Publication
52408 (17 November 2015)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
File Reference: 52408
Name of Applicant: [ ]
Date of Incident: [ ]
The Applicant made application as a result of injuries sustained on the [ ] [ ]. The Applicant was socialising in [ ] a licenced premises on [ ]. The Applicant had very little recollection as to how the injuries occurred as he was intoxicated. A member of the public observed that he was injured and was concerned enough about him to call an ambulance. The Applicant was taken to [ ] where he remained as an inpatient for a number of days and he was treated for two broken wrists and a head wound.
The Applicant's father reported the incident to the Gardaí at [ ] [ ], where he told Gardaí that the Applicant had been intoxicated and was suffering from amnesia as he had no idea what had occurred in the early hours of that morning. The Applicant did call to the station a week after and confirmed that he could not remember much but he had a vague recollection of some incident in the club.
The Applicant refused to provide the Gardaí the names of his friends that he was with on the night. The Gardaí investigated the incident. There was no CCTV available and they interviewed security staff who stated that no violent incident as this was reported on the night. After the Gardaí conducted further searches of CCTV in the area they could not advance the investigation and they also stated that the Applicant did not co-operate fully as he was unwilling to identify friends who were potential witnesses on the night.
Article 14 of the scheme provides:
"No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim."
On foot of the Article 14 and the Applicant's refusal to assist An Garda Siochana with their investigation, I refuse the application.
[ ]
17 November 2015
Criminal Injuries Compensation Tribunal