(Re) 1608-04398, 2017 ONCICB 6

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes

Date: January 16, 2017

Indexed as: (Re) 1608-04398

ORDER

Introduction

1In this case, the Applicant was working as a court security officer when she was bitten by the Offender.

2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, rose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Evidence

3In her submission to the CICB, the Applicant did not provide a description to the CICB. Instead, she referred to her attached statement to police, Victim Impact Statement and court information documents.

Police Report

4The CICB received several reports from the Police Service in support of the Applicant’s claim.

5Police reported that on the date of the incident, the Offender was in court before a Justice of the Peace. When the Offender was informed that her matter would be handled at a future date, she would have to remain in custody. The Offender was displeased with this decision, she swore at her lawyer and the judge and she began to kick at the prisoner’s box. The Offender was bound in handcuffs and leg shackles and when the Applicant and another court officer intervened, the Offender bit the Applicant in her left bicep. Although the Applicant had a long-sleeved uniform shirt, the bite broke her skin. The Offender was a known crystal meth user with a long history of criminal assaults.

6As a result of their investigation, police charged the Offender with assault of a peace officer causing bodily harm. The Offender pled guilty and she was sentenced to 99 days of pre-sentence custody plus eighteen months of probation. Also, her DNA was added to the national offender database and she was prohibited from possessing weapons for a period of ten years.

Injuries

7In her submission to the CICB, the Applicant described her injuries as a black and blue bite mark, with swelling and it was extremely sore. Also, the Applicant noted that she would need to have her blood tested every three months for the next year to look for signs of hepatitis and/or HIV.

8In her Victim Impact Statement to the Court, the Applicant described her physical injuries as a swollen and sore bite area where her skin was broken. She had to take strong antibiotics and she had ongoing itchiness at the bite site. She suffered from headaches, upset stomach and diarrhea. She had to endure follow-up doctor appointments and she planned to get her blood tested every three months. On an emotional level, this incident caused the Applicant to endure stress, loss of sleep, fear of becoming ill from a transmitted infection and stress in interpersonal relationships with her family around precautions to not re-transmit any infection she may have suffered. For the future, the Applicant feared if she might encounter the Offender again and she also feared a possible encounter in a similar scenario.

Medical Reports

9The CICB received several reports from the Health Centre which confirmed the Applicant’s injuries as stated. The Applicant reported to doctors that the Offender was “known to have Hep C”. A blood test, performed on the date of the incident, showed “evidence of Hep B” and no Hep C or HIV. No other blood tests were provided to the CICB.

10The CICB also received a report from the Applicant’s Family Doctor who confirmed the Applicant was bitten, prescribed antibiotics and was off work for two weeks as a result.

Expenses

11In her submission to the CICB, the Applicant reported that the WSIB paid for her wages for the two weeks that she was off work.

12Also, the CICB received a WSIB report which confirmed that the Applicant would not be considered for a NEL award as a result of this incident.

Analysis and Decision

13Section 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 is a victim within the meaning of section 5(a) of the Act as a result of a single incident of assault causing bodily harm.

14In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was performing her duties as a court security officer when she was assaulted (bitten) by the Offender. As a result, the Applicant's skin was broken at the bite site, which was swollen and sore. The Applicant took antibiotics as a precaution for any infection this may have caused and she planned to take another three or four blood tests to detect any HEP or HIV virus transmissions. On an emotional level, the Applicant suffered from stress, loss of sleep, fears of becoming ill and encountering either the Offender or a similar situation in a future work situation.

15The Applicant’s claim was supported with reports from Police, [Name] Health and her Family Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $2,000.00.

Award

16The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $2,000.00

TOTAL AWARD $2,000.00

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 $2,000.00