Publication
52166 (24 September 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: 52166
Applicant: [ ]
Date of injury: [ ]
Tribunal notified: [ ] (outside time)
Application form dated: [ ] (received [ ] )
Solicitors: [ ]
The within application arises out of an incident occurring on [ ] when the Applicant was out socialising in a public house in [ ]. It appears an altercation arose with the Applicant's [ ] which resulted in the Applicant being struck by his [ ] and knocked unconscious. The Applicant was brought to [ ] Hospital where he was treated for his injuries.
The application form is dated [ ] and was received by the Tribunal on [ ], outside the time limit prescribed in Article 21 of the Scheme.
The solicitors letter accompanying the application form sets out that the Applicant's statement to the Gardaí was only received by them on [ ], hence the delay in lodging the application. The application form itself at paragraph 2(f) states the Applicant was incapacitated as a result of the injuries he sustained and owing to the nature of his injuries was unable to instruct a solicitor. It furthermore states the Applicant suffers from severe depression and suicidal ideation. The Tribunal has been furnished with a Booklet of Medical Reports in relation to the Applicant and notes that he suffered a head injury as a result of the incident in question which required him to attend the [ ] in [ ] and where he was seen in [ ]. In addition there were some features of post traumatic amnesia and mental health issues as described by the Consultant Neuro Psychiatrist in report dated [ ]. In all the circumstances the Tribunal will extend the time for bringing the within application.
Article 13 of the Scheme provides as follows: "No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of an award where, in its opinion, the victim has been partially responsible for the offence."
Article 14 of the Scheme provides as follows: "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."
The Tribunal has two Garda Reports, dated [ ] and [ ], in relation to the incident in question. The first Garda Report indicates that the incident occurred in the early hours of [ ] and was reported the following afternoon by [ ] (the Applicant's [ ] ) who called to [ ] Garda Station. [ ] made a statement outlining the incident in question and stated that the Applicant had grabbed [ ] [ ] and that there had been a verbal agreement between both parties which resulted in [ ] striking the Applicant and knocking him unconscious.
The Applicant made a statement to the Gardaí on [ ]. This resulted in [ ] being charged with an offence contrary to Section 4 of the Non-Fatal Offences against the Person Act 1997. The matter was before the [ ] Circuit Court at the time of the first Garda Report.
The second Garda Report, dated [ ], outlines that the case against [ ] was dismissed on [ ] at the [ ], as Judge [ ] ruled that the assault on the Applicant was carried out in self-defence and the matter was withdrawn from the jury.
In a solicitor's letter of [ ], the Applicant denies that any provocation or self-defence issue arose and the Applicant's solicitor states "The report of the Garda is simply quite mistaken." The Applicant's solicitor goes on to state that his note as to the reason for the strike out was that the State had not adduced evidence rebutting the Defendant's claim of self-defence and the defence did not go into evidence. It states however that evidence of self-defence was put to the Applicant further to the Garda interview with [ ] and the oral evidence of another witness. The Applicant's solicitor notes that Mr. [ ] directed the matter be withdrawn from the jury as it would be unsafe to proceed against [ ]. The solicitor in this letter also indicates that the Applicant initiated and subsequently withdrew a civil action against [ ] based on advice that the Applicant would be a poor witness and his memory was poor. The Applicant's solicitor then goes on to outline matters which he has loosely gathered and which circumstances he submits do not amount to the definition in Article 13 of the Scheme.
Subsequently in a solicitor's letter of [ ], the Applicant indicates that civil proceedings were instituted against the Applicant by the [ ] of [ ] [ ] claiming damages for amongst other things, assault and psychological injuries from when the Applicant was alleged to have [ ] and which was alleged to have caused the incident that is the subject matter of the within application to the Tribunal. The solicitor's letter indicates that the Applicant's civil proceedings against [ ] (which were enclosed) were compromised in light of a number of factors including [ ] [ ] was not a mark for the purposes of damages, because of issues relating to the Applicant's memory as a result of the incident, and the civil proceedings brought by [ ] [ ] against the Applicant. The Applicant's solicitor states in the circumstances both parties agreed to walk away and bear their own costs in both actions. Notice of Discontinuance of the civil proceedings against the Applicant is recorded as filed on [ ] and the Applicant discontinued his civil proceedings against [ ] on [ ].
Having regard to the Garda Reports and such notes as the Applicant has furnished in solicitor's letter of [ ] regarding the trial, it is clear that the issue of self-defence was the reason that the matter was dismissed against [ ]. The Tribunal also notes the civil proceedings which were instituted by [ ] wife in respect of this matter.
In the circumstances the Tribunal is of the view that Article 13 and Article 14, insofar as it relates to the conduct of the Applicant, apply in this instance and declines to make any award.
The application is therefore refused.
Dated this 24 day of September 2020
Signed [ ]