CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1605-03627
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, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking, pain and suffering as a result of physical assault that occurred on during a robbery on [date], 2016 where he sustained physical and psychological injuries. The incidents were reported to the police and resulted in break, enter and commit indictable offence CCC 348(1)(b), assault CCC 266. He was convicted on both charges and given 18 months’ probation.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $2,000.00 for the reasons set out below.
ISSUES
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries are the result of the crime pursuant to subsection 5(a) of the Act.
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim: Police Report dated [date], 2016, Medical Report from Family Physician dated [date],2016.
Police Report
6The Police Report states that on [date], 2016, the Applicant and his two sons were returning home. When they entered their home they encountered a male who had broken in and standing on the main floor near their family room. The Applicant and his two sons tried to subdue the Offender but he escaped out the front door after punching one son on the face and pushing the Applicant to the ground.
7The basement window on the west side of the house was smashed, with glass strewn on the grass in front of the window, making it the likely point of entry. The master bedroom had clearly been rummaged through as numerous drawers were open and items were thrown around the room. It was later determined that the Offender had taken the son’s wallet. On [date], 2016 the Offender was arrested and interviewed.
Injuries
8In his Application to the CICB he states that the inside of his mouth was cut and was bleeding at the time of the assault. He feels extreme anger and frustration whenever he thinks of the incident. He feels very upset every time someone brings up this topic. He is unable to sleep well and every time he hears a noise he feels bothered and this also keeps him awake at night. He is unable to socialise because as soon as it turns dark he worries about someone breaking into his home.
9As a result of this incident his family had to spend a lot of making his home safe from future similar attacks. He had installed bars on his basement windows, which makes it feel like living in a jail.
Medical Report
10The Family Doctor of 10 years to the Applicant’s family states that the Applicant had sustained abrasions to the right wrist and nose during his struggle with the Offender. The Applicant required no medical treatment only supportive care. He notes the injury to be temporary impairment and his physical injuries had healed by the time he came to consult him.
ANALYSIS AND DECISION
11For the following reasons the CICB grants the Application.
12Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of robbery which caused him to suffer a minor physical injury (which did not require treatment at the time). He was also emotionally impacted and experienced sleep disturbances, fear of being attacked again or returning home late after attending a social function. As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5(a) of the Act in connection with the robbery at his home.
13In assessing pain and suffering the CICB has considered the unprovoked nature of the assault, the minor physical injuries sustained and the emotional impact of the same on him. In consideration of his victimization the CICB awards $2,000.00 for pain and suffering.
AWARD
14The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $2,000.00
TOTAL AWARD $2,000.00
Payment
15THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,000.00
DATED at Toronto this 4th day of May, 2017
Veda Rangan, Member