CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1606-03828
ORDER
Introduction
1In this case, the Applicant claimed he was violently assaulted by a stranger at a bar in [City].
2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Incident
3In his June 2016 submission to the CICB, the Applicant wrote that he was out with family watching his cousin’s band play in a bar. At some point in the evening, the Offender was harassing the wife of one of the band members. The Offender responded by striking one of the band members in the face. Others responded and escorted the Offender out of the building. A few minutes later, the Offender came back into the bar, trying to fight everyone. The Applicant and a relative escorted the Offender out of the building again. Outside, he struck the Applicant’s face with brass knuckles and stabbed him in the back. An ambulance was called to take the Applicant to a hospital for treatment.
Police Report
4The CICB received reports from the [Name] Police Service which supported the Applicant’s claim that he was punched and stabbed by the Offender that night. Police confirmed the Applicant was an innocent bystander who was just trying to help. At the scene, Police recovered a knife, the knife handle and a ring which the Offender used in his attack.
5As a result of their investigation, Police charged the Offender with assault with a weapon. On [date], 2017, he pled guilty to aggravated assault and was sentenced to pre-trial custody of 75 days.
Injuries
6At the [date] Hospital, the Applicant had to wait for Police to photograph his injuries of a broken nose and cuts to his left arm and back. He received 20 stitches to close his stab wounds and later he learned that some of his nerves were cut by the knife.
Medical Reports
7The Emergency and Ambulance Reports said Applicant was stabbed with a six inch knife and the handle was broken off. He was punched in the face and he denied losing consciousness. The Applicant had multiple stab wounds on his back and a cut on his left arm which required sutures to close. A chest x-ray showed the Applicant’s lungs were okay.
8On [date], 2016 (three weeks after the incident) the Applicant returned to the Hospital with pain in his back and left shoulder. As a result of this visit, the Applicant was prescribed pain medication.
9The CICB received a Medical Report from the Applicant’s Physician, Dr. [Name], who confirmed the Applicant had stab injuries to his back. The Doctor saw the Applicant six times after the incident (between [dates]) and the Doctor prescribed three types of drugs to manage the Applicant’s injuries and ongoing pain.
Analysis and Decision
10Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a single incident of aggravated assault.
11In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was an innocent person who was trying to assist the Offender when he was punched in the face with a metal ring and stabbed in the back with a six inch knife.
12As a result, the Applicant was transported via ambulance to Hospital for treatment of the wounds and cuts from the knife. He required 20 stitches, a follow-up visit to the Hospital for ongoing pain and six more trips to his Family Doctor for pain management which endured for four months following the incident.
13The Applicant’s claim was supported with Reports from Police, the [Name] Hospital and his Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $9,000.00.
Award
14The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $9,000.00
TOTAL AWARD $9,000.00
15The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.
PAYMENT
16THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
DATED at Toronto this 14th day of August, 2017.
Jo-Anne Hughes, Member