Criminal Injuries Compensation Board
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1710-03176
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, R.S.O. 1990, c. C.24, as amended (CVCA). The Applicant is seeking compensation for pain and suffering caused by the assault and its resultant injuries. The incident of physical assault occurred on [date], 2016 where the Applicant sustained physical and psychological injuries. The incident was reported to police and that resulted in conviction.
Decision
2For the reasons set out below, the CICB approves the claim for pain and suffering and awards the Applicant compensation in the amount of $9,000.00.
Issues
3Pursuant to section 5 of the CVCA, the CICB must determine, on a balance of probabilities, whether a crime of violence occurred against the Applicant that caused her injuries, and if so, the nature and extent of the injuries sustained, and their impact on the day-to-day life of the Applicant.
4If the Applicant has met the above threshold, the CICB must decide whether or not to exercise discretion to award compensation and the amount thereof, and in doing so, the CICB must consider:
a. all the relevant circumstances, including whether the Applicant’s behaviour may have directly or indirectly contributed to the injuries, pursuant to subsection 17(1) of the CVCA.
b. whether the Applicant has refused reasonable cooperation with, or failed to report promptly the offence to a law enforcement agency, pursuant to subsection 17(2) of the CVCA.
5The Applicant must provide reliable evidence to support her claim.
Hearing
6The hearing was conducted in writing on the basis of the evidence/materials contained in the Applicant’s file with the CICB.
Documentary Evidence
7The CICB received the following documents with respect to the claim: Application describing details of the incident and its resultant injuries, police report dated [date], 2016, and hospital records from [name] Health Sciences Centre.
Incident
8In describing details of the incident, the Applicant writes
The woman my boyfriend cheated on me showed up at my house looking for my boyfriend. She stood outside my house yelling for him. I went outside to ask her to leave and she jumped towards me and I pushed her away. She then proceeded to stab me in my upper stomach. The police attended after my boyfriend’s son called them along with an ambulance which transported me to the hospital.
Injuries
9In describing details of her injuries, the Applicant writes
As a result of being stabbed, my right lung was punctured. I was hospitalized for three days for treatment which included tubes being inserted into my lung to drain it and re-inflate it. It hurt to breathe for several months while I healed. As a result of this incident, I suffer from anxiety when I see the accused. I have nightmares as a result of the attack on me.
10The hospital records, on file, confirm that the Applicant “was stabbed in the right parasternal anterior chest with a pocket knife” sustaining injuries including “right small hemopneumothorax and right anterior chest wound…A surgical test tube was inserted in the Trauma Bay. The stab wound was closed with Prolene sutures…” she remained in the hospital for two days from [date] to [date], 2016.
Police Report
11The police report, on record, corroborates the Applicant’s version of the incident. It adds that the Applicant’s right lung was punctured.
12After due investigation, the Offender was charged with and later convicted for aggravated assault contrary to the provisions of section 268 of the [Criminal Code of Canada](https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-