CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1704-00126
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, R.S.O. 1990, c. C.24, as amended (the “Act”). The Applicant is seeking expenses, pain and suffering as a result of physical assault during a robbery that occurred on [date] 2015 where he sustained physical/psychological injuries. The incident was reported to the Police and resulted in conviction on charges of assault with intent to steal.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $2,500.00 for the reasons set out below.
ISSUES
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries are the result of the crime pursuant to subsection 5(a) of the Act.
4The Applicant must provide reliable evidence to support his claims for:
a. expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the Act
HEARING
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
6The CICB received the following documents with respect to the claim: Police Report dated [date] 2017, Hospital Records from [Name], and Victim Impact Statement.
Facts of the Claim
7Applicant was assaulted on the street by a stranger. Applicant states he was walking down the street when the Offender approached him and asked him for money. Applicant advised he didn't have any money. He turned back to offer the Offender a banana or apple and was punched in the face, breaking his glasses. The Offender then tried to reach into the Applicant's pockets. Police arrived on scene and arrested the Offender.
Police Synopsis
8Police Questionnaire submitted by [Name] Police Service. On [date] 2015, Offender approached Applicant on the street. Offender demanded money from the Applicant. Applicant refused. Police in the area observed Offender punch Applicant in the face with a closed right fist, knocking off his glasses. Offender then rummaged through Applicant's pockets. Police immediately arrested Offender. Charged and convicted of assault with intent to steal (robbery).
Hospital Report
9The report from [Name] Hospital states that the Applicant had pain in knee and ribs and a sore back from the assault. He also complained of chest wall pain.
Victim Impact Statement
10The Applicant states that since this incident he has become very paranoid, gets scared easily, fear of being assaulted again, and is unable to concentrate and focus on his job. Whenever he sees someone who even remotely resembles the Offender he panics is unable to breathe, and his heart pumps fast. This has impacted on his employment.
Section 14
11Paid $600.00 to [Name] Optical for frame and lenses.
12The CICB authorizes up to $1,800.00 for therapy with an approved treatment provider.
ANALYSIS AND DECISION
13For the following reasons the CICB grants the Application.
14Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of robbery at which time he was physically assaulted. This caused him to suffer pain in the left rib area, sore back, and experienced chest wall pain. He was emotionally impacted in that he became paranoid, feared being assaulted again and this impacted on his employment. As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5(a) of the Act in connection with the robbery.
15In arriving at its award for pain and suffering, the CICB has considered: the nature of the incident – involving a robbery by a stranger who assaulted him; the nature of the Applicant’s physical injuries and the nature and extent of the Applicant’s emotional injuries. In this regard, the CICB assesses compensation for pain and suffering in the amount of $2,500.00
AWARD
16The CICB orders payment as follows:
Subsection 7(1)(a) Expenses (Section 14 Award) $1,800.00
Subsection 7(1)(a) Expenses (section 14) for glasses $ 600.00
Subsection 7(1)(d) Pain and Suffering $ 2,500.00
TOTAL AWARD $ 4,900.00
Less: Section 14 Award – already paid/authorized $ 2,400.00
TOTAL CURRENT AWARD $ 2,500.00
PAYMENT
17THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,500.00
DATED at Toronto this 27th day of July, 2017
_____________________________________
Veda Rangan, Member