(Re) 1607-04209, 2017 ONCICB 32

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: George Berrigan

Date: February 10, 2017

Indexed as: (Re) 1607-04209

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate her for injuries resulting from crimes of violence which occurred on [date] in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). She claims compensation for pain and suffering as a result of being physically assaulted by a female acquaintance.

2The Offender was found guilty of Assault Causing Bodily Harm contrary to section 267(b) of the Criminal Code and Break and Enter with Intent to Commit an Indictable Offence section 348(1)b of the Criminal Code. She was sentenced to a period of incarceration.

Issue

3The issue before the CICB is whether or not the Applicant suffered any injury as a result of a crime of violence within the meaning of subsection 5(a) of the Act. If the answer is in the affirmative, the CICB must determine whether the Applicant is compensable and what the appropriate amount of compensation will be.

Analysis and Decision

4The information described herein is based on the information contained in the application and in the appended documents including the police reports and reports from Hospital and the Nursing Station.

5On the evening of the incident a drinking party had taken place at an apartment occupied by the Applicant. The Police had been called to the residence a number of times. The Applicant, alone in her apartment, went to bed under the influence of alcohol. She awoke on the floor, being stabbed repeatedly by the Offender who was utilizing the jagged remains of a broken whiskey bottle. Once through with the stabbing the Offender punched and kicked the Applicant repeatedly in the head. Once the Offender fled from the apartment, the Applicant walked to a neighbouring apartment where police and paramedics were called. The motive for the assault was apparent jealousy over a male.

6The Applicant received a total of 14 cut/stab wounds. The Applicant states she required 51 sutures to close the wounds. The wounds were focused on her right leg and buttocks and left knee. It is estimated that the Applicant lost a liter of blood at the scene and a liter of blood at the hospital. The Applicant also had a number of other cuts that did not require suturing. During the healing process the pain was extreme. She could not lie down and pain medication did not help. She has recurring nightmares reliving the crime. She states she is depressed and lethargic. It took approximately two weeks before she was able to walk.

7From the medical records it appears as if at least one of the wounds had difficulty healing. The Applicant was discharged home and the sutures removed without difficulty.

8Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.

9In arriving at an award for pain and suffering the CICB first considers the nature of the crime of violence. The Applicant was peacefully asleep in her bed when she was violently attacked by an acquaintance brandishing a bottle. The Applicant was defenseless. After the cutting the Offender pummeled the Applicant about the head.

10Next, the CICB considers the degree/nature of injuries suffered as described herein. The Applicant suffered a number of stab/cut wounds to her right leg and buttocks and one wound to her left leg. She also had bruising about her face. The CICB considers the pain involved in the healing process and the period of disability.

11The CICB also considers the emotional effects of the crime including self-blame and depression. The wounds also posed difficulty with the Applicant raising her children.

12In consideration of the foregoing the CICB awards the Applicant $5,500.00 for pain and suffering.

Award

13The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $5,500.00

TOTAL AWARD $5,500.00

14The 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

15THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $5,500.00