CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1810-03861
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for injuries resulting from a crime of violence. The Applicant is seeking the following forms of compensation for pain and suffering.
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB grants the Application and awards the Applicant $2,000.00. The reasons for this Decision follow below.
Hearing
3The Applicant appeared by teleconference and provided oral testimony and submissions.
Evidence
4The Applicant testified that on February 26, 2017, five men broke into his house and subjected him to assault. He stated that they were looking for money owed by a person named [..]. The Applicant knew one of the assailants.. When they knocked at the door the Applicant opened the door and one of them asked to speak to a friend of the Applicant. They were told that he was at work. At that point one Offender held a knife to his throat. When he kicked the television, the Applicant became enraged by this action and swung his hand at the Offender. However, his swing missed the Offender and his hand went through the television. At this time the Offender and his friends took the Applicant’s computer monitor and fled the scene. His girlfriend who was at home with him called the police.
5The Applicant was asked to clarify his relationship to one of the Offenders. The Applicant stated that he had met one of the Offenders through the person who was his co tenant. The tenant, […], was also the person who owed a drug debt to the Offenders.
6The police synopsis notes that on February 26, 2017 the police responded to a call about a robbery in progress. They learnt that the Offenders who were wearing disguises and carrying weapons, were demanding to know the whereabout a person by the name of […], who resided at the apartment but was not home at the time of the incident. It is believed that the robbery was committed as a result of unpaid drug debt. Prior to leaving the residence the Offenders damaged the television set and stole the computer. One of the perpetrators, a young Offender was arrested on March 5, 2017 and at the time of the arrest the young Offender provided an inculpatory statement identifying the other participants in the crime.
7An adult perpetrator and two young Offenders were charged with robbery with Theft, possession of weapon for a dangerous purpose, assault with a weapon, and mischief under $5,000.00. The Offenders […] and […] were convicted on charges of Assault with a Weapon, unlawful in Dwelling, commit indictable Offence, and Wear Disguise.
8As a result of the assault, the Applicant had sustained physical injuries including 3 cm laceration to fore finger and 1 cm laceration to the thumb area. The hospital’s X ray report notes laceration to the left hand requiring medical intervention.
9In his application to the Board he states that he is afraid most of the time and this has impacted his sleep pattern. He states that he is upset that he has a “permanent injury”. However it has to be noted that the Board did not have the benefit any medical report classifying the injury to his left hand as “permanent injury”. He was afraid to stay at his apartment and he later moved in with his mother.
Analysis
Crime of Violence
10A conviction is conclusive evidence that a crime of violence occurred. As there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries resulted from the crime of violence.
11I find the Applicant’s injuries resulted from the crime of violence because hospital report notes the nature of the injuries arising from the incident. He was taken to the hospital by ambulance immediately after the arrival of the police.
Injury
12I find the Applicant’s injuries resulted from the incident of assault when the offender went forward to assault him with a weapon. The .Offender held a Machete to his throat and when the Applicant tried to defend himself he injured his hand.
Section 17
13After considering the evidence the CICB is satisfied there are no s. 17 issues relevant to deciding this Application.
Compensation
Pain and Suffering
14In assessing the claim for pain and suffering the CICB considered the unprovoked nature of the assault, the fact that a weapon was used in the commission of the crime by multiple perpetrators, the injury to his left-hand requiring stitches and emotional impact on the Applicant. The Board has considered the hospital report proffered by the Applicant, the self-reported emotional impact on him, and the detailed police report in arriving at this decision. In consideration of his victimization the Board awards the Applicant $2,000.00 for pain and suffering.
Award
15The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering
$ 2,000.00
Total Award
$ 2,000.00
Payment
16The CICB orders the following be paid immediately to:
Applicant
$ 2,000.00
Dated at Toronto on August 15, 2019.
Veda Rangan, Board Member