Foilsiú
54780 (26 July 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.
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted
Appeal of [ ]
Application number: 54780
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Hearing date: 23 June 2023
In attendance: Marc B. Murphy BL (Tribunal Member, Chair), Nora Pat Stewart BL (Tribunal Member), Peter Stafford BL (Tribunal Member), Anne Marie Treacy (Secretary to the Tribunal)
[ ] (hereinafter ‘the Appellant’)
[ ] (Applicant’s Mother)
[ ] ([ ] & Co Solicitors)
Decision: Award of €37,350
The Appellant applied to the Tribunal arising from an incident which occurred in the vicinity of [ ], [ ] on [ ] when the appellant was assaulted in the street. The Appellant reported the incident to An Garda Síochána immediately after the incident and the assailant was subsequently convicted of assault before [ ] District Court.
A single member of the Tribunal made a determination in the Appellant’s case at first instance by decision dated [ ]. The Appellant exercised her right under Article 25 of the Scheme to appeal that decision by way of hearing by three members of the Tribunal.
A panel of three members of the Tribunal was appointed to hear the appeal. It met on [ ] in person to hear the Appellant’s appeal. The Appellant was in attendance with her mother and her solicitor. The Tribunal considered the case afresh (or de novo), taking into account the papers submitted by the Appellant, including written submissions in advance of the appeal and her oral evidence during the course of the hearing.
The Appellant’s claim under the Scheme is for compensation for out-of-pocket expenses arising from personal injuries suffered during as a result of an assault which took place on [ ].
The Appellant claims the sum of €950 for out of pocket expenses which relate to medical and dental reports. There is no claim for loss of earnings.
The Appellant has received the sum of €1,000 as court-ordered compensation from her assailant in respect of her injuries.
i. The Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) provides that the Tribunal may pay compensation in accordance with the Scheme in respect of out of pocket expenses incurred by an Applicant as a result of a crime of violence. The Tribunal is entirely responsible for deciding, in any particular case, whether compensation is payable.
Having considered the paperwork before it and evidence given and submissions made by the Appellant and her legal representative the Tribunal is satisfied that the injuries arising were directly attributable to a crime of violence.
ii. The incident, the subject matter of the Appellant’s claim took place on [ ]. The Appellant’s application should have been received no later than [ ]. The Appellant’s application was not received until [ ] some twenty-two months post incident.
Paragraph 22 of the Scheme states:
‘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…’
Where the application is made outside the three-month timeframe, the Tribunal must consider whether circumstances exist that would justify the exceptional treatment of an application.
In the instant case the Appellant gave compelling evidence that she had suffered significant psychological trauma as a result of the incident and had attended counselling arranged by her General Practitioner. This evidence was supported by a medical report outlining the Appellant’s pre-assault history of depression and the significant negative effect that the incident had on her psychological state. Further, the Appellant was diagnosed with lupus in or around the time of the incident which the Appellant submitted was a relevant factor as to why her application was not submitted with the three-month timeframe.
Taking all of the above evidence and submissions into account, the Tribunal is satisfied that, cumulatively, circumstances exist such as to justify exceptional treatment of the application by the Tribunal pursuant to Paragraph 22 of the Scheme. Accordingly, the Appellant’s appeal is admitted for consideration in respect of compensation for the Appellant’s injuries.
The Appellant gave evidence that she was the victim of an violent, unprovoked assault in the vicinity of [ ] in [ ] on [ ]. The Appellant’s assailant was known to her. The Appellant was approached, dragged to the ground and struck a number of times in the face and mouth by her assailant who also used [ ] as a weapon. The Appellant lost two teeth and sustained significant damage to a third tooth as a result of the incident. The Appellant further suffered facial cuts and bruises as a result of the incident which have thankfully healed.
The Appellant immediately reported the incident to Gardaí. The Appellant’s assailant was prosecuted before the District Court and, following a full hearing, was convicted of assault causing harm. The assailant was given a [ ] prison sentence which was suspended for [ ] subject to certain conditions.
The Appellant attended for both medical and dental treatment in the aftermath of the incident. The Appellant lost her left lateral incisor and left central incisor as a result of the incident. [ ] The Appellant also suffered significant injury to her right central incisor which will necessitate further, significant, dental treatment.
The Appellant submitted a written proposed treatment plan prepared by [ ] (a dentist) which has been retained on file by the Tribunal. In summary, the proposed treatment entails implants to replace the Appellant’s two missing teeth together with root canal treatment and a crown for the Appellant’s third damaged tooth. The Tribunal accepts that the proposed dental treatment is necessary and reasonable in all the circumstances.
The Tribunal found the Appellant to be an impressive and truthful witness. The Tribunal accepts the Appellant’s evidence, taken together with the documentary evidence submitted to the Tribunal, and is satisfied, on the balance of probabilities, that the Appellant suffered an injury to her teeth which caused her the sequelae as set out above. The Tribunal is further satisfied that this injury is directly attributable to a crime of violence which occurred on [ ] at [ ], [ ]. The Appellant’s evidence in respect of how the injury occurred is accepted in all material respects.
The Tribunal makes an award of €37,400 in respect of payment for the Appellant to undergo the dental treatment as outlined by [ ]. The Appellant claims a further sum of €950 for out-of-pocket expenses relating to medical/dental treatment and reports. The Appellant suffered no loss of earnings.
The Appellant received the sum of €1,000 from her assailant during the criminal trial process and the Tribunal deducts that sum from the Appellant’s award pursuant to Paragraph 16 of the Scheme.
The Tribunal therefore makes a total award of €37,350 in favour of the Appellant.
Signed: Marc B. Murphy
Date: 26 July 2023