CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1703-00721
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, loss of income, pain and suffering] as a result of physical assault during robbery that occurred on [date] 2017 where he sustained physical/psychological injuries. The incidents were reported to the Police and did not result in charges or conviction as the Alleged Offender could not be identified.
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
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] 2017, Hospital Records from [Name] General Hospital.
Police Report
6The Police synopsis states that the Applicant was located on the street and it appeared he had sustained facial fractures and was also bleeding. Although he provided a statement he was unable to recall details about the Alleged Offender. He was transported to the Hospital for medical attention. The Police visited him at home the next day and noticed that the Applicant’s face was bruised and cut. The Police canvassed the area for video and financial institution for the stolen card but were not successful. He was robbed of $365 in cash and had sustained significant injuries.
Hospital Report
7The Hospital Report states that the Applicant was treated for his injuries, was asked to use ice pack and see his family doctor in 3 days. He was referred to an ophthalmologist. The Report also stated that the Applicant had sustained a large hematoma in the right orbital area, vision at that time was blurry, and he also had soft tissue swelling. Facial wounds were cleaned and an antiseptic was applied. As a result of the assault he also had bilateral knee and left elbow pain. In conclusion the Report states “Subcutaneous soft tissue swelling surrounding the right orbit. No associated fracture. No intracranial hemorrhage”.
ANALYSIS AND DECISION
8For the following reasons the CICB grants the Application.
9Based on the Police evidence presented, the medical documentation on file and the Applicant’s written testimony, the CICB is persuaded that the Applicant was assaulted and is therefore 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. Documents on file with the CICB indicate that the Applicant had sustained bruises, cuts and facial injuries requiring medical intervention.
11Based on this information the CICB finds that the Applicant had sustained injuries from the assault during the robbery and is therefore a victim within the meaning of section 5(a) of the Act.
12In assessing pain and suffering the CICB has considered the unprovoked nature of this random mugging resulting in physical injuries requiring medical intervention. The CICB did not have the benefit of therapy report or other documents to assess the serious nature of the emotional impact on him but nevertheless accept that this assault would have impacted to a certain extent. In consideration of his victimization the CICBs awards him $2,500.00 for pain and suffering.
AWARD
13The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $2,500.00
TOTAL AWARD $2,500.00
PAYMENT
14THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,500.00
DATED at Toronto this 14th day of August, 2017
_____________________________________
Veda Rangan, Member