Publication
51827 (29 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: 51827
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 10 of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that he was stabbed in an unprovoked attack by person known to him at [ ] on [ ]. The assault was reported by the staff of a nearby licensed premises to the Gardaí at [ ] Garda Station, [ ] and the Applicant later provided a comprehensive statement to the Gardaí on [ ].
The Applicant was a minor at the time of the incident and a medical report from Consultant in Emergency Medicine at [ ] Hospital, [ ], received by the Gardaí, confirmed that the Applicant had suffered stab wounds to his chest wall in the attack.
In a Garda Report, received by the Tribunal on [ ], the Gardaí confirmed that the Applicant’s assailant had been arrested in relation to the stabbing of both the Applicant and another person on [ ] and having come before the Courts had entered a guilty plea to two counts of producing a knife and had been remanded on bail to appear before Circuit Criminal Court on [ ], the day after the Gardaí’s Report was furnished to the Tribunal.
Upon receipt of the Garda Report the Tribunal wrote to the Applicant on [ ] enclosing a copy of same and noted therein that all expenses being claimed by the Applicant needed to be supported by documentary evidence. The Tribunal also invited comments from the Applicant in respect of the contents of the Gardaí Report. The Tribunal received no response from the Applicant.
The Tribunal wrote most recently to the Applicant on [ ] and enclosed a copy its previous letter [ ] and enquired as to whether the Applicant intended to pursue his claim and if so, to furnish all documentary evidence to support his claim. The Tribunal also noted therein that if they did not hear from the Applicant by [ ] that a decision would be made on his file and application as presented. No response was received from the Applicant.
Paragraph 10 (previously paragraph 11 of the Scheme) states that:
“No compensation will be paid 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 or otherwise.”
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support his claim.
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application pursuant to paragraph 10 of the Scheme, no compensation can be paid to the Applicant and no further consideration of this application is required.
No award
*As the Tribunal has made a determination on this application pursuant to paragraph 10 of the Scheme, it is of the view that it is not necessary to consider or to make a determination on other matters that arise therein, including the delay in submitting his application.
Nora Pat Stewart
29 October 2022