Re 1602-02464, 2017 ONCICB 107

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Keith Forde
Date: April 27, 2017
Indexed as: (Re) 1602-02464

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on January 23, 2016 in accordance with the Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from one act of assault and robbery, perpetrated by the two Alleged Offenders who were total strangers. The two Alleged Offenders were never caught and remain at large.

Decision

2The CICB approves the Applicant’s claim for pain and suffering and awards the Applicant the sum of $5,000.00 for the reasons set out below.

Issues

3The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence, but also that as a result of this crime of violence, he suffered an injury pursuant to section 5(a) of the Act.

• The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount.

Evidence

The Applicant’s Evidence

4The following is a summary of the facts and circumstances taken from the Applicant’s application information and from the [Name] Police Services correspondences to the CICB.

5On [date], 2016, at approximately 3:00 a.m., the Applicant and his two friends were walking home east on the south sidewalk of [Road] towards [Road], when they were approached by the two Alleged Offenders who exited a vehicle. One of the Alleged Offenders approached the Applicant and grabbed his Apple I-phone. The Applicant was somewhat confused and approached the Alleged Offender and attempted to take his phone back. It was at this time the Alleged Offender punched the Applicant in his face causing him to fall to the pavement. The Alleged Offenders then got into a vehicle and left the scene.

6As a result of the assault and robbery, the Applicant was bleeding from his nose and mouth. He and his two friends then walked back to an address on [Avenue] where the Applicant called his aunt. The Applicant’s aunt took him to [Hospital] where the Police were called.

7The Police arrived at the Hospital and commenced an investigation. The Police report noted that the Applicant was bleeding from his nose and mouth, possibly sustaining a broken nose and broken teeth.

8The Applicant did not furnish the CICB with any medical or dental report in support of his claim.

Injuries

Physical

9The Applicant noted to the CICB in his Application, that as a result of the incident, he received the following physical injuries:

• Broken jaw;
• Broken nose;
• Jaw surgery; and
• Broken teeth.

10The Applicant did not note any psychological/emotional injuries.

Analysis

11The fact that there has not been a conviction does not mean a denial of this Applicant’s claim. Section 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury. The CICB must determine whether the Applicant was the victim of a crime of violence when the Alleged Offenders robbed and assaulted him.

12In this matter, the Applicant alleges that he was robbed and assaulted by strangers (the Alleged Offenders), as he was walking on [Road] in the early morning of [date], 2016. The CICB finds this to be the case on a balance of probabilities. The CICB accepts the Applicant’s written evidence which was somewhat corroborated by [Name] Police Service investigation.

13[Name] Police Service synopsis noted that they attended the [Hospital] emergency department on the morning in question and saw the Applicant who reported and assault and robbery of his I-phone. The Police Report also noted that the Applicant was bleeding from his nose and mouth, possibly sustaining a broken nose and broken teeth.

14For the reasons detailed above, the CICB is persuaded that the Applicant was a victim of a crime of violence, specifically, assault and robbery, which caused emotional and psychological injuries to the Applicant. The CICB therefore concludes that the Applicant is a victim under section 5 (a) of the Act and is entitled to compensation.

15In assessing compensation for pain and suffering, the CICB has considered all of the documentary evidence that was presented. The CICB was mindful of the circumstances of this incident and physical injuries suffered by the Applicant and considered the following aggravating facts:

• That the Applicant was [age] years at the time of the incident;
• That the Applicant received physical injuries requiring medical intervention;
• That the Applicant required possible surgery to repair his broken jaw; and
• The impact the incident may have had on the Applicant’s well-being.

16Despite no medical or therapy reports that corroborate the Applicant's description of his physical injuries. The CICB accepts that the Applicant has been physically injured as a result of the assault and robbery. Having considered these factors, the CICB awards the Applicant $5,000.00 for pain and suffering.

Award

17The CICB orders payment as follows:

Section 7(1) (d) Pain and Suffering $5,000.00

TOTAL CURRENT AWARD $5,000.00

18The 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

19THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $5,000.00