Publication
52897 (14 October 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: #52897
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant was assaulted on [ ] on [ ] as he made his way to a family gathering at a local hostelry. The Applicant, who was [ ] years of age at the time of the incident, was circled and intimidated by a person unknown to him who demanded money off him. The Applicant was then subjected to a very nasty attack: his assailant proceeded to attack him with an implement, resulting in the Applicant’s ear being severely ripped and he required a considerable number of stitches to his injured ear. The Applicant was in shock after the attack and his daughter, who did not witness the assault but quickly came upon the scene, had the opportunity to identify the Applicant’s assailant, then called the Gardaí, who arrived on the scene and took witness statements.
The Applicant’s assailant was ultimately convicted of a section 3 assault causing harm offence, pursuant to the Non-Fatal Offences Against the Person Act, 1997 on foot of a guilty plea. On [ ], the Applicant’s assailant came before the Circuit Court for sentencing, during which hearing he handed into Court the sum [ ] in compensation for the Applicant and also offered to pay the Applicant a further [ ] on the next occasion the matter was scheduled before the Court, as his sentencing had yet to be finalised.
This application was received by the Tribunal on the [ ].
The Tribunal accepts that the Applicant suffered considerable personal injuries following the attack upon him on [ ] which were directly attributable to a crime of violence (satisfying paragraph 1 of the Scheme). The Tribunal is also satisfied that the incident giving rise to the injury was reported to the Gardaí without delay and was the subject of criminal proceedings (satisfying paragraph 22 of the Scheme). The Tribunal further accepts that this application was received within the prescribed time period permitted in normal course under the Scheme (pursuant to paragraph 20 of the Scheme). From the foregoing therefore, the Tribunal accepts that this application is eligible for further consideration.
The Applicant made a claim for out-of-pocket travelling expenses in the sum of €336, for which vouching was furnished to the Tribunal.
The Tribunal wrote to the Applicant’s legal advisors (who were dealing with the claim on behalf of the Applicant) upon receipt of said vouching documentation and enclosed the Garda Report in respect of the incident/assault. The Tribunal noted therein that as it had been confirmed by the Gardaí that the offender had paid [ ] in compensation to the Applicant, under the terms of the Scheme, the Tribunal was obliged to deduct that amount from any award it would make. The Tribunal also noted therein that the [ ] received, was in fact in excess of the total expenses (i.e., €336) being claimed by the Applicant.
No response was received from the Applicant’s legal advisors. Further correspondence issued from the Tribunal on [ ] but there was no response to this letter either.
The Tribunal is obliged to consider and apply all provisions of the Scheme. As the Applicant was in receipt of [ ] compensation payment from the perpetrator of this assault, the Tribunal is obliged, pursuant to paragraph 5 of the Scheme, to deduct that amount from any sum it deems should be paid in compensation to the Applicant. As the claim being made amounted to €336 only, no award can be made under the terms of the Scheme to the Applicant.
Furthermore, paragraph 9 of the Scheme states:
“No compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500 should be awarded.”
In the Applicant’s case the full sum claimed for out-of-pocket/medical expenses amounted to just €336. On that basis also, by reason of paragraph 9 of the Scheme, the Tribunal is not in a position to compensate the Applicant.
By reason of both paragraph 5 and paragraph 9 of the Scheme, compensation cannot be paid to the Applicant. The Tribunal however acknowledges the vicious assault upon the Applicant and the injuries he sustained as a result of that attack. It also acknowledges the shock and upset that the Applicant must have suffered as a result.
No award
Nora Pat Stewart
Dated: 14 October 2022