Publication
51875 (17 February 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: 51875
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The Applicant lodged an application for personal injuries with the Criminal Injuries Compensation Tribunal on the [ ] in respect of an incident which occurred on the [ ] at [ ].
3. In her application she described that she suffered a knife wound to her head, black eye, bruises on her legs and body and that she went to the [ ] Hospital. She said that arising from the injuries received she still had a scar on her forehead and that she was currently out of work. She has detailed no out of pocket expenses in her application form.
4. An Garda Siochana reported that on the [ ] at [ ] on [ ] Street at around 11.30am the Applicant attended at the station to report that she was robbed by someone the night before. She reported it approximately at around [ ] she was walking in that area when an unknown male wearing a black jacket and black jeans approached her and attempted to grab her handbag. He proceeded to take her wallet and fled from the scene. No trace of the offender could be found.
5. The Secretariat wrote to the applicant on the [ ] seeking details of any medical expenses not covered by her medical card and also seeking details of her loss of income accompanied by a P60 for the year prior to the incident. Nothing further was heard from her.
6. On the [ ] the Secretariat wrote to her in the following terms: “With reference to the above application to our previous correspondence dated [ ], a copy of which is enclosed, please inform this office in writing if you still wish to pursue this matter. If so please forward the documentation required including original receipts and vouching documentation with regard to your out of pocket expenses arising from your personal injuries. If this office does not hear from you by the [ ] this file will be sent to a Member for decision.”
7. Nothing further was heard from the Applicant.
8. The Applicant has not detailed any expenses as a result of the injury. No original receipts have been furnished. Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 (€63.50) should be awarded”.
9. It is impossible for the Tribunal to determine on the paucity of evidence furnished, the lack of any claim for out of pocket expenses arising from the injury that the Applicant has, on the balance of probabilities, met the requirements of Article 9 and accordingly the application is dismissed under Article 9 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Date 17 February 2023