The appellant, who was severely assaulted in his home, appealed the Criminal Injuries Compensation Board's decision denying him compensation.
The Board had found that the appellant's involvement in drug dealing inherently risked violence and thus barred his claim.
The Divisional Court allowed the appeal, holding that the Board erred in law by failing to properly apply the proportionality principle under s. 17(1) of the Compensation for Victims of Crime Act.
The Board was required to weigh the severity of the injuries against the contributory conduct and consider a reduced award rather than an automatic complete denial.
