Publication
53389 (28 December 2020)
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 ref: 53389
Applicant: [ ]
Date of Incident: [ ] (incorrectly stated by Applicant as [ ] )
Application form dated: [ ]
Received by Tribunal: [ ]
Solicitor: [ ] & Company Solicitors
The Applicant has made application under the Scheme arising out of an incident occurring on [ ]. A Garda Report is available, dated [ ], which outlines the following;
The incident took place at 2.15am on the said date and was reported immediately to [ ]. It was established from Garda investigations that the Applicant had been drinking in [ ] and had some sort of interaction with a group of youths who were also drinking in [ ]. Some of those youths set upon the Applicant, punching him and knocking him to the ground, where one of them proceeded to kick him in the head.
The Applicant suffered severe injuries. He was found by the ambulance crew in an unconscious state. He remained in a coma for a number of weeks. As part of the Garda investigation, it has been established from medical reports that the Applicant received a traumatic brain injury which has affected him in his everyday life. He has had to learn to walk again, and many aspects of his memory have been affected.
Criminal proceedings were commenced against an individual who pleaded guilty to an offence contrary to Section 4 of the Non-Fatal Offences Against the Person Act 1997, before the Dublin Circuit Court. Sentencing was due to take place on [ ]. The Gardaí did not know if any compensation had been paid to the Applicant. However, they did not believe it had, and no court order was made in this regard.
The Applicant has an extensive criminal record (total of 90 previous convictions) dating from [ ] to shortly before the above incident as follows:
Public Order: 21, Burglary: 20, Failing to Appear: 13, Trespassing: 7, Handling Stolen Property: 7, Drugs Offences: 6, Theft: 5, Criminal damage: 3, Various others: 8.
The within application has been made outside the 3 month time limit prescribed for making application (the application was received 18 months after the incident). The Applicant in his application form states the delay was due to the extensive injuries, including head injuries suffered by him, his 6 month stay in hospital, he suffers from short term memory loss and he was not aware of the existence of the Tribunal. The Garda Report supports the serious nature of the injuries suffered by the Applicant and in the circumstances the Tribunal will extend the time for making the application.
The first matter to highlight here is that the Applicant has not furnished any documentation to substantiate a claim for out of pocket expenses. A document outlining a treatment plan for dental work has been furnished, dated [ ], however no receipts have been furnished to the Tribunal.
At all events, an overriding consideration for the Tribunal is the significant criminal record of the Applicant, extending throughout his life. The Tribunal is of the view that the provisions of Article 14 of the Scheme apply in this instance such that it is inappropriate that the Applicant should be granted an award.
The application is refused.
Dated the 28 day of December 2020
Signed [ ]