Criminal Injuries Compensation Board
Adjudicator: John Radmore
Indexed as: (Re) 1609-04688
ORDER
Introduction
1The Applicant brings this Application to the CICB in relation to injuries that he suffered as a result of an assault committed against him by the Alleged Offender on [date], 2014. He has made a claim for his pain and suffering.
2Police Reports reveal that on the incident date the Applicant and a female acquaintance were sitting on a street bench talking when a stranger (the Alleged Offender) approached them and said made a comment that the Applicant did not understand. The Applicant asked the Alleged Offender to repeat himself and the Alleged Offender advised that he wasn’t speaking to him. The Alleged Offender produced a large knife and a bottle containing bleach. He sprayed the bleach onto the Applicant’s face/eyes and his clothing before leaving. Officers attended the scene and the incident was reported. The investigation led to the Alleged Offender being arrested and charged with numerous weapons offences, assault causing bodily harm and 2 counts of assault with a weapon. Due to the Alleged Offender’s mental state the charges were dealt with through the mental health diversion program.
Evidence
3In a self-report of injuries the Applicant advised that he experienced burning in his left eye. His eye was flushed out at the Hospital and he was released on the same date. Since the incident he has experienced concerns when he sees someone who resembles the Alleged Offender. He isolated himself at home to avoid any form of confrontation. He remains hypervigilant in public, uncomfortable in crowds, mistrustful of others and bewildered as to why he was victimized.
4A Medical Report indicates that the Applicant’s eyes were flushed at the Hospital. The incident led to anxiousness, hypervigilance, loss of sleep and appetite, flashbacks and agitation. Pre-existing depression and anxiety are noted from previous trauma is noted. The Applicant was prescribed medication to assist with anxiety.
5In a recent update to the CICB the Applicant advised that he continues to live in fear of being attacked in public. A spinal injury exacerbates his fears as he is unable to properly protect himself. The Applicant described incidents where he has been in public and felt that he was going to be attacked.
Issues
6The CICB must determine the following:
Whether the Applicant suffered injuries as a result of crimes of violence within the meaning of section 5(a) of the Act.
If so, an appropriate level of compensation, if any, for the Applicant’s pain and suffering.
Analysis and Decision
7Having considered the evidence presented the CICB finds that the Applicant suffered injuries as a result of an assault with a weapon on [date], 2014. Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
8In assessing compensation the CICB considered the nature of the incident, the minor physical injury sustained and the psychological impact that this senseless incident has had upon the Applicant. Having considered the evidence presented, the CICB awards $4,000.00 for pain and suffering.
Award
9The CICB orders payment as follows:
Section 7(1)(d) pain and suffering $4,000.00
TOTAL AWARD $4,000.00
10The 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
11THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto this 10^th^ day of March, 2017.
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John Radmore, Member