CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Anne-Marie Langan
Indexed as: (Re) 1706-02075
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 compensation for pain and suffering as a result of an assault by the Offender that occurred on [date],2017 where she claims to have sustained physical and psychological injuries. The incidents were reported to the Police and resulted in the Offender being charged and convicted of robbery with intent. The Offender was also charged with causing a disturbance, but those charges were later withdrawn.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $2,000.00 for the reasons set out below.
ISSUES
3The absence of a conviction for assault 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 she was a victim of a crime of violence but also that her injuries resulted from the crime pursuant to subsection 5(a) of the Act.
4A conviction for robbery may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that her injuries are the result of the crime pursuant to subsection 5(a) of the Act.
HEARING
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
6In her Application the Applicant explains that she was working at a dollar store when she noticed the Offender in an aisle with a winter coat and duffle bag and became suspicious that she was shoplifting. She asked the Offender to leave the duffle bag at the cash, and when the Applicant looked in the bag she found merchandise from the store. When the Applicant asked the Offender to take the merchandise she had not paid for out of the duffle bag, the Offender got angry and demanded her duffle bag back. When the Applicant began to remove the items from the duffle bag herself, the Offender lunged over the counter to grab her bag and in doing so grabbed the applicant’s wrist and scratched it. The Offender then took the items out of the bag and threw them at the Applicant.
7There was an off duty police officer in the store who intervened and chased the Offender and apprehended her. The Police arrested the Offender and charged her. The Applicant later learned that the offender had a knife on her at the time of the incident. The Applicant describes how she has a high level of anxiety at work and experiences mood swings and heart palpitations since the incident. She does not feel safe at work or at home.
8The Police Reports confirm the allegations made by the Applicant and that the Offender was charged with robbery, causing a disturbance and other offences relating to the fact that she was already on probation for an assault with a weapon when she committed the robbery. The offender was sentenced to 136 days in custody, 12 months probation and a 5 year weapons prohibition.
ANALYSIS AND DECISION
9Based upon is review of the totality of the evidence, including the Police evidence which confirmed the Offender's convictions for robbery and other crimes of violence, the CICB has no doubt that the Applicant was a victim of a robbery and assault on [date], 2017 and therefore a victim under s.5(a) of the Act.
10The CICB has carefully considered its award for pain and suffering in this matter. This was an unexpected assault on the Applicant which occurred in her workplace. The Applicant describes that she suffered minor physical injuries, including a scratch on her arm, but in particular has had emotional injuries from the incident, including ongoing anxiety at work and at home. In consideration of same, and the nature and extent of both kinds of harm to the Applicant, the CICB assesses compensation for pain and suffering in this matter in the amount of $2,000.00.
AWARD
11The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $2,000.00
TOTAL AWARD (AND COSTS) $2,000.00
PAYMENT
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,000.00
DATED at Toronto this 20th day of December, 2017.
____________________________________________
Anne-Marie Langan, Member