Publication
50005 (9 March 2023)
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: #50005
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award as failure to give assistance under paragraph 10 (previously paragraph 11).
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, signed and dated [ ], the Applicant says that she suffered personal injuries when she was assaulted by a man on the street who turned and punched her without provocation or warning. She stated that this occurred after a fight had broken out in a nightclub on [ ] night. She suffered facial injuries including broken teeth and lost earnings as a result of the assault.
3. A Garda report of [ ] corroborated this. Solicitors for the Applicant claimed losses including loss of earnings in the amount of €2,413.17 by letter dated [ ]. The offender was convicted on [ ] at [ ] Circuit Court and given a suspended sentence on the basis that he discharge compensation to the Applicant in the total amount of €[ ] to the Applicant within 1 year.
4. The Tribunal again wrote to the Applicant’s solicitor by letter dated [ ] seeking that details of any amount paid be furnished (so that it could be accounted for as required under the provisions of para. 16 of the Scheme as it then was) and that any further expenses also be furnished. No response was received to this letter.
5. A further letter asking if the Applicant still wanted to pursue the application and seeking the documents previously sought was sent to the Applicant’s solicitors on [ ]. A response dated [ ] stated that the solicitors had received no further instruction from the Applicant and did not expect to do so.
6. 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.”
7. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
8. The Applicant has failed to give all reasonable assistance to the Tribunal. I therefore make no award under paragraph 10 (previously para. 11) of the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
9 March 2023