Publication
53448 (12 April 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: #53448
Date of incident: [ ]
Date of application: [ ] Received by the Tribunal [ ]
Decision outcome: Refused under paragraph 23 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 in his application form stated that, while in the property of his then girlfriend, he was assaulted by two named offenders. The applicant sustained serious head fractures that required surgery and the insertion of plates. The applicant underwent in-patient treatment at [ ] for his injuries. He also was treated by his GP. The applicant stated that he suffered psychologically as a result of the incident and spent some time in hospital following a breakdown. The applicant claimed for the costs of travel to and from hospital appointments, medicine and the cost of replacement clothing.
3. A report from An Garda Síochána dated [ ] was contained on file. The report confirmed the applicant’s account of the incident and that the matter was before the courts. On [ ], in an email to the Tribunal, the Gardaí confirmed that the applicant had withdrawn his allegations against two individuals who were allegedly responsible for the assault perpetrated upon him on [ ]. As a result, the criminal proceedings against these individuals were discontinued at [ ] Court on [ ].
4. Paragraph 23 of the Scheme states:
‘To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardaí without delay. However, the Tribunal will have discretion to dispense with this requirement … where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána … of the offence and to cooperate with them.’
5. The Tribunal was satisfied that the applicant’s actions, in withdrawing his complaint, engaged paragraph 23 of the Scheme. As such, the Tribunal refused to admit the application for consideration under the Scheme.
6. NA.
7. NA.
16. NA.
17. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
12 April 2023