(Re) 1605-03515, 2017 ONCICB 261

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Keith Forde Date: September 28, 2017 Indexed as: (Re) 1605-03515

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on [date], 2014 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 aggravated assault, by a stranger. The Applicant is also seeking reimbursement for ambulance costs.

2The Offender was found guilty of aggravated assault by a judge and jury and on [date], 2017 she was sentenced to nine months in jail, two years’ probation, a weapons prohibition, section 109 order for 10 years and an order to submit DNA samples.

Decision

3The CICB approves pain and suffering compensation to the Applicant in the amount of $8,000.00 for the reasons set out below.

Issues

4As the Offender was convicted of assaulting the Applicant, there is no issue that the Applicant was the victim of a crime of violence.

5The CICB must determine the following:

• Whether the Applicant suffered bodily harm as a result of the crime of violence;
• If so, an appropriate level of compensation, if any, for his pain and suffering; and
• 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] Regional Police Service correspondences to the CICB.

7On [date], 2014, at about 2:00 a.m., the Offender was on [Name] Street in front of a bar consuming alcoholic beverages with her boyfriend near the front of their vehicle.

8At this time, the Applicant was in his vehicle travelling north on [Name] Street approaching [Name] Street in [Town]. The Applicant observed the Offender and her boyfriend kissing on the hood of their vehicle. The Offender observed the Applicant looking at her and her boyfriend kissing and shouted obscenities at him. A verbal argument then ensued between the Applicant and the Offender. At this time the Applicant exited his vehicle and the argument continued.

9The Offender then approached the Applicant with a beer bottle in her right hand as the Applicant’s attention was focused on the Offender’s boyfriend who he was now in a verbal argument with. The Offender then struck the Applicant on the left side of his face with a Budweiser beer bottle causing significant lacerations to the side of his face.

10The Offender immediately fled the scene with her boyfriend. Witnesses subsequently contacted Police for assistance.

11Police attended the scene and obtained a detailed description of the Offender and her boyfriend. Police subsequently attended the [Hospital] to obtain a statement from the Applicant. At the [Hospital] information was received that a person matching the description of the Offender was at the same Hospital to receive medical treatment from a laceration on her right hand.

12Police located the Offender and as a result, she was arrested at the [Hospital] and charged with aggravated assault.

13The Applicant also provided the CICB coloured photographs of his facial injuries, a victim impact statement and various documents in support of his claim.

14The CICB was in receipt of a Medical Report from [Hospital] which noted that the Applicant presented with facial trauma and multiple deep laceration to his face. The Applicant required the following medical intervention:

• 13 stitches on left cheek;
• 6 stitches on left eye brow;
• 6 stitches on left side of lip;
• Nasal laceration;
• 3 stitches on inner corner of eye; and
• He also required glue to repair his ear.

Injuries

Physical

15The Applicant noted to the CICB in his Application the following injuries:

• Multiple deep lacerations to left side of face; including cheek, nose, lip, over eye and on forehead;
• right ear cut in half;
• Permanent scarring to face and ear; and
• Lost feeling in lower left lip.

Psychological/Emotional

• Cannot forget what happened to him;
• Physically and mentally scared;
• Nervous around people with a beer bottle in their hand;
• Fear of being re-attacked;
• Helpless;
• Flashbacks;
• Hyper-vigilant;
• Nightmares of incident;
• Scared;
• Hyper-vigilant;
• Does not enjoy going out;
• The scars remind Applicant of assault;
• Trust issues; and
• Socializes less with family and friends.

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 aggravated assault, committed on [date], 2014, in [Town].

17Having considered the evidence presented in the Applicant’s Application and the police information, the CICB is persuaded that the Applicant suffered both 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 Offender's crime was 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 Report 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:

• The Applicant was a victim of an unprovoked attack;
• That the Applicant required medical intervention to close the wounds he received to his face; That a weapon was used in the commission of a crime;
• The Applicant suffered psychological injuries;

20Having considered all the relevant factors, the CICB awards the Applicant $8,000.00 for pain and suffering.

21The CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for ambulance costs.

Award

22The CICB orders payment as follows:

Section 7(1) (d) Pain and Suffering $8,000.00

TOTAL CURRENT AWARD $8,000.00

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 $8,000.00