Publication
23848 (28 September 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: 23848
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 12 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant was a student at the time of the incident. The Applicant and two others were walking [ ] in [ ] on a Friday night/Saturrday morning when they came across a scuffle outside [ ] Hotel. The Applicant states that he witnesses a number of two or three attackers beating another person who was on the ground. The Applicant intervened and asked the attackers to stop what they were doing and tried to pull an assailant off the person who was on the ground. The Applicant was kicked in the face by one of the assailants and received an injury to the right side of his face and chin. The force of the kick knocked the Applicant off the kerb and he suffered a fractured right ankle as a result of this. The Applicant claims that he ‘blacked out’ after being kicked and now bears a scar on his chin as a result of the incident. The Applicant claims that as of the date of his application he suffers from a loose tooth which requires dental treatment.
3. The Applicant subsequently came to and encountered Gardaí who attended the scene. The Applicant reported the incident to Garda [ ] of [ ] Garda Station.
4. The Applicant does not claim any loss of earnings or expenses arising out of the incident as he was a full-time college student.
5. Paragraph 12 of the Scheme provides:
‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
6. The Applicant was written to by the Tribunal on [ ] and again on [ ] inter alia seeking details and receipts in respect of the Applicant’s dental expenses. The Applicant’s solicitor wrote to the Tribunal on [ ] stating that he was ‘taking instructions in relation to same.’ The Tribunal had no further correspondence from the Applicant or his solicitor. The Tribunal wrote to the Applicant’s solicitor on [ ] asking whether the Applicant wished to proceed with his application and stating that if no response was received by [ ] the file would be sent to a Member for a decision. The Tribunal received no response.
7. The application form, signed by the Applicant, confirmed his acceptance, under Part 10, that he would provide all reasonable assistance to the Tribunal. In the Tribunal’s view, such an acceptance would clearly include an acceptance by the Applicant of any reasonable time limits which the Tribunal requested for the provision of information in relation to the claim.
8. The Applicant has failed to respond to repeated requests for information from the Tribunal to enable the progression of his claim for compensation.
9. The Tribunal is satisfied, on the basis of the above, that the Applicant has failed to comply with the duty imposed upon him pursuant to paragraph 12 of the Scheme and that, as a result, no compensation should be paid in respect of this application.
10. N/A.
11. N/A.
12. N/A.
13. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
28 September 2022