The appellant applied for compensation after a child under 12 injured another child with a slingshot.
The Criminal Injuries Compensation Board dismissed the claim, finding no crime of violence occurred because the child lacked criminal intent.
On appeal, the appellant argued that s. 16(2) of the Compensation for Victims of Crime Act deemed the child to have intent, overriding s. 13 of the Criminal Code.
The Divisional Court dismissed the appeal, holding that s. 13 creates a blanket prohibition against criminal accountability for children under 12, which s. 16(2) does not displace.
