CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1608-04449
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking expenses, pain and suffering as a result of physical assault, robbery, that occurred on [date] 2016 where he sustained physical/psychological injuries. The incidents were reported to the Police but did not result in charges since the Alleged Offenders were not identified.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $3,000.00 for the reasons set out below.
ISSUES
3The absence of a conviction does not mean that the CICB is precluded from making an order of compensation. Subsection 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury. The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence but also that his injuries resulted from the crime pursuant to subsection 5 (a) of the Act.
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim: Police Report dated [date] 2016, and incomplete hospital records from [Name] Hospital.
Police Report
6The [Name] Regional Police report states the Applicant explained that at 2:30 a.m. he and a friend were walking home from the bar when approximately 6 to 8 males and 1 female confronted them. The group circled the Applicant and his friend and started to become physical by pushing them. He and his friend ran across the street but were followed by the group who took him to the ground and kicked him. The group then stole the Applicant’s gold chain, pendant and hat. The Police advised the CICB that gold chain was valued at $2,000.00 and the hat $40.00.
Facts of the claim from the Application
7The Applicant in his narrative notes that he and some friends were walking home at around 2:30 a.m. when they were approached by a group of 10 or so young males who assaulted and robbed them. The physical assault consisted of punches and kicks. Once on the ground the Applicant’s gold chain, cross and hat were robbed.
ANALYSIS AND DECISION
8For the following reasons the CICB grants the Application.
9Based on the information provided by the Police and other documentation of file the CICB is persuaded that the Applicant is, on a balance of probabilities, a victim of crime of violence pursuant to section 5 of the Act.
10Pursuant to section 5 of the Act, all claimants seeking compensation are required to prove, on a balance of probabilities, that they sustained bodily harm as a result of a crime of violence.
11The Applicant in his Application form states that he had sustained deep lacerations on the left ear that required him to stay all night in the hospital and the wound required 12 stitches to close. He had also sustained scratches on knees and elbows and cut on the face and behind left ear.
12The CICB did not have the benefit of medical or hospital reports to assess the serious nature of the injuries. However the CICB accepts the Applicant’s written testimony that he was physically injured as stated above.
13In assessing pain and suffering the CICB has considered the unprovoked nature of the assault by multiple perpetrators, and the physical injuries sustained requiring medical intervention. In consideration of his victimization the CICB awards $3,000.00 for pain and suffering.
AWARD
14The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $3,000.00
TOTAL AWARD (AND COSTS) $3,000.00
PAYMENT
15THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $3,000.00
DATED at Toronto this 18th day of July, 2017
Veda Rangan, Member