(Re) 1608-04244, 2017 ONCICB 39

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: George Berrigan

Date: February 19, 2017

Indexed as: (Re) 1608-04244

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] in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He claims compensation in the form of pain and suffering as a result of being stabbed by a male acquaintance.

2The Offender was found guilty of Aggravated Assault contrary to section 268 of the Criminal Code. He received a Conditional Sentence.

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 the Hospital.

5The Applicant and Offender were among a group who were drinking alcohol. In the early morning hours arguing erupted between the Offender and his girlfriend. The Applicant and another male intervened. A fight ensued between the male and the Offender. At this point the Applicant became involved. During the course of the struggle he incurred three stab/cut wounds with a box cutter type knife. The Applicant sought assistance at a neighbouring residence while the Offender and his girlfriend fled the scene.

6A Nursing rRport describes the injuries as a deep 1½ inch laceration to the left forearm with sub cut tissue visible. This was described as a gaping wound. There was also a 1 inch laceration to the left leg, which was also gaping but not bleeding. There were also superficial injuries to the hand. The wounds received suture and a dry dressing.

7Section 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.

8In arriving at an award for pain and suffering the CICB first considers the nature of the crime of violence. The Applicant was socializing with friends when a dispute between the Offender and his girlfriend escalated to a physical fight among the Offender, the Applicant, and another male. This resulted in the Applicant receiving three stab/cut wounds. The CICB also takes notice of the type of weapon involved, which is described as a box cutter type knife.

9Next, the CICB considers the degree/nature of injuries suffered as described herein. Two of the wounds are described as gaping. The CICB considers the pain involved in these types of injuries, the healing process and the probable scarring.

10In consideration of the foregoing the CICB awards the Applicant $5,000.00 for pain and suffering.

Award

11The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $5,000.00

TOTAL AWARD $5,000.00

12The 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

13THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $5,000.00