Publication
52725 (14 July 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: #52725
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award - application submitted out of time.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant claims that he was assaulted by [ ] outside a fast-food premises on [ ] in the early hours of [ ] morning [ ] resulting in serious physical injuries, including a fracture of the Applicant’s cheek bone as well as bruising to his face and damage to his teeth. The Applicant also claims that he suffered a psychological adverse reaction in the aftermath of the assault upon him.
The Applicant reported the matter to the Gardaí in [ ] himself following the assault. In their Report to the Tribunal of the [ ] the Gardaí confirm that when they attended at the scene after the incident, the Applicant’s face and eye were swollen and bruised, and that the Applicant was very distraught. In his statement to the Gardaí the Applicant recounted that the Gardaí took him to the A & E Department of [ ], where, following examination including x rays, he was discharged with pain killers and referred on to [ ] Hospital [ ]. On the [ ] and again on the [ ] the Applicant attended [ ] but his face was too swollen to operate on. The Applicant was admitted to [ ] on the [ ], where Consultant Maxillofacial Consultant, [ ] carried out surgery on a complex fracture to the Applicant’s cheek bone and jaw. Discharged from [ ] on the [ ], the Applicant returned some days later for the removal of 24 stitches.
The applicant a self-employed [ ] was out of work following the assault until the [ ] as a result of his injuries.
The Gardaí have confirmed to the Tribunal that the Applicant’s assailant, having been charged with a section 3 assault (NFOAPA, 1997), entered a guilty plea and was subsequently sentenced to an 18-month custodial sentence, of which 6 months were suspended. The Gardaí also confirmed that the Applicant received compensation [ ] from his assailant, pursuant to the Criminal Justice Act, 1993.
The Applicant instituted High Court proceedings [ ] on the [ ] against the [ ] entity, his assailant and others.
The Applicant’s legal advisors then submitted an application on behalf of the Applicant some months after that, on the [ ], to the Tribunal.
The Tribunal accepts that the Applicant was a victim of a crime of violence on [ ] and that he suffered serious injuries which are directly attributable to that crime of violence.
Paragraph 20 (formerly paragraph 21) of the Scheme states:
“Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury …”
By reason of paragraph 20, this application ought to have been received by the Tribunal on or before the [ ], which was three months after the date of the incident the subject matter of the application. This application was received however by the Tribunal on the [ ], which was one year and four months after the time permitted, in normal course, for receipt of applications.
It is clear from the wording of paragraph 20 that where an application is received by the Tribunal outside of the prescribed three-month time period, the Tribunal can determine if the circumstances/reasons for the delay in submitting that application justify exceptional treatment, and if so, the Tribunal may accept that application for further consideration.
The Tribunal notes that at s.2 (f) of the Applicant’s application form – the provision on the application form which gives an applicant the opportunity to set out the circumstances/reasons for delay in submitting in their application – the Applicant has stated the following:
“Apart from the serious physical and facial injuries suffered by me, I also suffered from a phychological [sic] adverse reaction which made it very difficult for me to make decisions and deal with matters of this nature.”
The Tribunal notes that the Applicant, having had the benefit of legal advice, instituted High Court proceedings on the [ ] against his assailant and others in respect of this incident. In such circumstances the reasons for delay in submitting his application to the Tribunal, as set out at s.2 (f) of his application form, are somewhat at odds with his ability to institute civil proceedings some months earlier. The Tribunal deems that the circumstances for delay as provided by the Applicant do not justify exceptional treatment and therefore this application is not accepted for further consideration.
As this application was submitted to the Tribunal out of time and the Tribunal determines that the circumstances/reasons for the delay in submission, as provided by the Applicant do not justify exceptional treatment of this application, the Tribunal will not consider this application further. Accordingly, no award is made.
The Tribunal acknowledges the nasty attack upon the Applicant and the injuries he suffered as a result of this assault and takes this opportunity to wish the Applicant well into the future.
No award
Nora Pat Stewart
Dated: 14 July 2022