CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1702-00310
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 [date], 2016 in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from an act of assault, by a stranger.
2The Offender pled guilty to assaulting the Applicant and on [date], 2017, he was granted a suspended sentence and placed on probation for 12 months.
Decision
3The CICB approves pain and suffering compensation to the Applicant in the amount of $2,500.00 for the reasons set out below.
Issues
4In this case, with respect to section 5(a) of the Act, there is no question that the Applicant was a victim of crimes of violence as proven through the conviction of the Offender as described above. As a result the CICB does not have to make a finding as to whether a crime of violence occurred.
The CICB shall make an assessment of the severity of injuries suffered by the Applicant as a result of the crime of violence;
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount.
Evidence
Applicant’s Evidence
5The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Police Service correspondences to the CICB.
6On [date], 2016, at 3:40 am, the Offender was with the Applicant on [Bridge], just north of [Street] in [City] smoking a cigarette. They had just met for the first time and were conversing. For no apparent reason the Offender became angry and confrontational with the Applicant. The Offender then punched the Applicant in the face with his right hand. The Applicant and his two friends attempted to de-escalate the situation, however, the Offender continued to behave in an aggressive manner.
7The Applicant and his two friends ran northbound and hid behind a residential home on [Avenue], on the rear deck. The Offender chased after the Applicant and a second confrontation took place behind the home. The Offender ran away once he was notified that the Police had been called by the homeowner.
8Sometime after the assault Police arrested the Offender and charged him with assaulting the Applicant.
9The Applicant did not provide the CICB with any medical or therapeutic evidence in support of his claim.
Injuries
Physical
10The Applicant noted that he suffered the following injuries in his Application to the CICB:
Bloody nose;
Pain from bridge of nose;
Headache;
Bumps on head; and
Bruises on legs.
Psychological/Emotional
Anxiety;
Unable to sleep well;
Feels unsafe walking after dark;
Fears seeing offenders again; fears being re-attacked;
Nightmares of the event,
Impact on the Applicant’s life;
Feeling trapped, helpless and in danger; and
Affected post-secondary schooling.
Analysis
11Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of assault, committed on [date], 2016, in [City].
12Having considered the evidence presented in the Applicant’s Application and the Police information, the CICB is persuaded that the Applicant suffered physical and psychological injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
13The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender's crime was the contributing factor to the Applicant’s ongoing psychological injuries.
14In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary reports and the Police synopsis on file. The CICB was mindful of the circumstances of this incident and emotional injuries suffered by the Applicant and considered the following aggravated facts:
That the incident was apparently unprovoked;
That the Applicant received physical and psychological injuries;
That the Applicant was kicked and punched repeatedly;
That the Applicant received a busted nose as a result of the assault; and
The impact on the Applicant’s health.
15Despite no medical or therapy reports that corroborate the Applicant's description of his physical and/or emotional injuries, the CICB accepts that he has been physically and psychologically injured as a result of the assault. Having considered these factors, the CICB awards the Applicant $2,500.00 for pain and suffering.
Award
16The CICB orders payment as follows:
Section 7(1) (d) Pain and Suffering $2,500.00
TOTAL CURRENT AWARD $2,500.00
17The 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
18THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,500.00
DATED at Toronto this 27th day of October, 2017.
Keith Forde, Member