Foilsiú
51542 (6 October 2023)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: 51542
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant alleges that he was viciously assaulted by three members of the [ ] family (‘the offenders’). He was stabbed a number of times and sustained serious head, facial, hand, finger and other injuries in the assault.
3. The incident was reported to the Gardai in [ ] in [ ].
4. The Gardai confirmed that the applicant confronted the offenders with weapons and they believed that he was responsible for initiating the incident. Nevertheless, the Gardai confirmed that proceedings were pending against the offenders. It is unknown if the offenders were subsequently prosecuted.
5. Unfortunately, the applicant has not provided the Tribunal with any medical reports to outline the full nature, extent and likely duration of his injuries. However, he has provided the Tribunal with photographs of his injuries and the Discharge Summary from [ ] Hospital.
6. The applicant sustained significant injuries. He was stabbed ten times, his left hand and some fingers were broken. He also sustained a fractured skull, multiple facial fractures, and he permanently [ ]. The applicant stated that he spent a month in [ ] Hospital as an inpatient. He required a number of operations. He also required extensive out-patient treatment. He continues to experience pain in his left arm and spasms in his eye.
7. The applicant also alleges that he developed severe psychological issues in the form of PTSD, anxiety and depression. He experiences memory issues and had suicidal ideation. The applicant has provided the Tribunal with a letter from [ ] Hospital confirming that he received treatment for PTSD and anxiety.
8. The applicant not working at the date of the assault. He has not put forward or vouched that he sustained any loss of earnings.
9. The applicant has not provided the Tribunal with any expert reports outlining and vouching the nature and extent of any past losses incurred by the applicant or any likely future losses that he might have to incur.
10. In fact, the applicant has not produced any receipts to prove that he sustained any out of pocket expenses.
11. Paragraph 14 of the (pre-2021 Scheme) provides that " No compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his character or his way of life make it inappropriate that he should be granted an award and the Tribunal may reduce the amount of an award where, in its opinion, it is appropriate to do so having regard to the conduct, character or way of life of the victim." The Gardai have advised the Tribunal that the applicant has a number of public order and drug convictions. However, the applicant denies that he was ever prosecuted in respect of any drug related offences.
12. The application was received by the Tribunal over three months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme states that “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”. The applicant stated that his physical and psychological injuries rendered him unable to summit the application in appropriate timeframe.
13. It is not within the remit of the Tribunal to award compensation for pain and suffering under the terms and conditions of the Scheme. The Tribunal can only make awards in respect of vouched out-of-pocket expenses presented. In this regard, the Tribunal notes that the applicant has failed to present any evidence to prove that he sustained any losses either past or into the future. For the forgoing reason, the Tribunal is unable to make any award to the applicant.
14. In circumstances where the applicant has not vouched or proved that he sustained any losses, it is not necessary for the Tribunal to make any further determinations on any other provisions of the Scheme that might apply to this application.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
6 October 2023