(Re) 1704-01169, 2017 ONCICB 384

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Keith Forde

Date: December 28, 2017

Indexed as: (Re) 1704-01169

ORDER

Introduction

1The Applicant is seeking compensation from the Criminal Injuries Compensation Board (CICB) pursuant to section 5(a) of the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”).

2The Applicant is seeking compensation for pain and suffering for physical and psychological injuries as a result of being assaulted by the Offender and Alleged Offenders on [date], 2015 in the [City].

3Offender 1 was convicted of aggravated assault and robbery and on [date], 2016, he was sentenced to two years in jail and two years probation. Offenders 2 and 3 were convicted of robbery and on [date], 2016 were sentenced to 12 months probation. The Alleged Offender’s charges were all withdrawn.

4The CICB grants compensation to the Applicant in the amount of $6,000.00 for pain and suffering 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 a crime of violence as proven through the conviction described above. As a result the CICB Panel Member 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 off the crime of violence;

• The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount.

Evidence

Applicant’s Evidence

6The following is a summary of the facts and circumstances taken from the Applicant’s Application and from the [Name] Police Service correspondences to the CICB.

a. The Applicant and his friend were walking home when they were lured into an alleyway by Offender 3 and the Alleged Offender. Upon entering the alleyway, the applicant and his friend were swarmed by the Offenders who assaulted them and robbed them of their belongings.

b. The Applicant was rendered unconscious for a short period of time as a result of the assault. After regaining consciousness, the Applicant continued on his way home where he called the police.

c. The Applicant was subsequently taken to the hospital for medical attention as a result of the physical injuries he received.

7The applicant also provided the CICB with various documents in support of the claim:

a. The CICB was in receipt of a medical report from [Name] Hospital which noted that the Applicant presented to the emergency department on the day in question with head trauma, bruising and swelling to his left cheek area and an abrasion under his chin. The report noted that the Applicant said that he was kicked on the left side of his head as he was being assaulted.

b. The CICB was also in receipt of a medical report from the Applicant's Family Physician which noted that the Applicant had injuries to his, eye, orbit, face, jaw, mouth lip and brain. The report noted that the Applicant was expected to fully recover from his injuries.

Injuries

Physical

8The Applicant noted in his Application to the CICB that he suffered the following injuries as a result of the assault and robbery:

a. Left side of face swollen, bloody and blue cuts to mouth, sore ribs, and left eye not as strong as right eye and slightly blurry.

Psychological/Emotional

9The Applicant noted to the CICB that after the assault, he was emotionally stressed, fear of walking alone at night, safety concerns, fear of the Offenders trying to locate him as his wallet with his identification was taken by the Offenders, feelings of guilt and anxiety over the incident.

Analysis

10Section 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 and robbery, committed on [date], 2015, in the [City].

11Having 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.

12The 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’ crime contributed to the Applicant’s ongoing psychological injuries.

13In 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:

a. The nature of the incident, in that the Applicant was lured into the alleyway, beaten and robbed;

b. That the Applicant was assaulted and robbed by multiple Offenders;

c. That the Applicant required medical intervention;

d. That the Applicant suffered both physical and psychological injuries;

e. That there has been considerable impact on the Applicant’s health, relationship and general emotional state.

14Having considered these factors, the CICB now awards the Applicant $6,000.00 for pain and suffering.

Award

15The CICB orders payment as follows:

Section 7(1) (d) Pain and Suffering $6,000.00

TOTAL AWARD $6,000.00

16The 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

17THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $6,000.00