CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde Date: August 25, 2017 Indexed as: (Re) 1603-02888
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from an alleged crime of violence which occurred on [date], 2016 in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from an act of assault (gunshot) and robbery by both Offenders; total strangers. The Applicant is also seeking compensation for ambulance costs in transporting him to Sunnybrook Health Sciences Centre.
2Offender 1 was convicted on [date], 2017 for armed robbery, possession of unauthorized firearms, discharge of firearm and reckless endangerment of life. The CICB was not in receipt of the sentence imposed on Offender 1 as a result of the conviction.
3Offender 2 was also convicted of possession of unauthorized firearms, discharge of firearm and reckless endangerment of life. The CICB was not in receipt of the sentence imposed on Offender 2 as a result of the conviction.
Decision
4The CICB approves compensation to the Applicant in the amount of $9,000.00 for pain and suffering and $45.00 to [Name] Health Sciences Centre for the reasons set out below.
Issues
5In this case, with respect to section 5 (a) of the Act, there is no question that the Applicant was a victim of crimes of violence as proven through the conviction of both Offenders as described above. As a result the CICB does not have to make a finding as to whether a crime of violence occurred.
The CICB shall make an assessment of the severity of injuries suffered by the Applicant as a result of the crime of violence;
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount;
The CICB must determine whether the claim for ambulance costs is supported.
Evidence
The Applicant’s Evidence
6The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Police Services correspondences to the CICB.
7On the day in question, the Applicant who was a vendor attended the flea market at [location] in the [City[ to sell gold. The Applicant was spotted by the two Offenders who followed him to a strip plaza situated at [location]. The Applicant was targeted by the two Offenders in order to rob him of his gold.
8In the strip plaza, the Applicant approached an ATM machine to get money to buy food, unknown that he had been followed by the two Offenders. At this time, the Applicant was accosted by both Offenders; Offender 1 produced a hand gun and brandished it. When the Applicant resisted, he was shot multiple times in his buttocks and hip.
9The Applicant called 911 and the Police and ambulance arrived, the Applicant was taken to [Name] Health Sciences Centre where he was examined, treated and released.
10The two Offenders were subsequently arrested and charged accordingly.
11The Applicant also provided the CICB various documents in support of his claim.
12The CICB was in receipt of Medical Reports from [Name] Health Sciences Centre which noted that the Applicant presented with gunshots wounds to his hip, upper left leg and buttocks. There were four open penetrating gunshot wounds, two gunshots in the left buttocks and two over left femur pelvis.
13The Applicant was x-rayed, a CT-scan was performed and it was determined that he sustained multiple gunshot wounds to his left buttock and thigh. His injuries were limited to the soft tissue. He was given detailed instructions about wound care and released with the appropriate prescription for medication.
14The CICB was also in receipt of a medical report from Dr. [Name] from [Name] Clinic who noted that the Applicant presented with gun shots wounds which were all healed.
Injuries
Physical
15The Applicant noted to the CICB in his Application that he suffer from the following injuries: Gunshots to buttocks and hip.
Psychological/Emotional
PTSD;
Will not buy public food;
Hypervigilance (always looking at his surroundings);
Cautious around a group of males;
Difficulties with short term memory loss (forgetful and loses personal items);
Frustration;
Consistent tantrum outburst;
Emotional distress;
Sense of impending doom; and
Exacerbation of feeling from previous situation.
Analysis
16Section 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 was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of assault (shot) and robbery, committed on [date], 2016, by the two Offenders in the [City].
17Having considered the evidence presented in the Applicant’s Application and the Police information, the CICB is persuaded that the Applicant suffered physical and psychological injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
18The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offenders’ crimes were the contributing factor to the Applicant’s ongoing psychological injuries.
19In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary reports, the Police Synopsis as well as the Medical Reports on file. The CICB was mindful of the circumstances of this incident and emotional injuries suffered by the Applicant and considered the following aggravated facts:
That the Applicant was chased and followed to the location where he was robbed and shot;
That a weapon was used in the commission of a crime;
That the Applicant was shot multiple times by the Offenders;
That there were two Offenders;
The impact the shooting has had on the Applicant’s day to day living.
20Having considered these factors, the CICB now awards the Applicant $9,000.00 for pain and suffering.
21The CICB considered the Applicant’s claim in respect to ambulance costs, for which a receipt was provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $45.00 for such costs to [Hospital].
Award
22The CICB orders payment as follows:
Section 7(1) (a) Ambulance $ 45.00
Section 7(1) (d) Pain and Suffering $9,000.00
TOTAL CURRENT AWARD $9,045.00
23The 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
24THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
Hospital [account number] $ 45.00
DATED at Toronto this 25th day of August, 2017
Keith Forde, Member