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4/29/2014

START DATE

END DATE

14-Nov-18

LIONEL THOMAS v THE CRIMINAL INJURIES (COMPENSATION) BOARD

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Court of Appeal for Bermuda

Criminal Law

Baker President Kay JA Bell JA

Christina Herrero Marshall Diel & Myers Ltd.

Wendy Greenidge Attorney-General?s Chambers

FACTS OF THE CASE:

Mr. Thomas was shot near his house on 29 April 2014 resulting in wounds to his upper right thigh and left calf. He applied for compensation on 24 October 2014. The Board awarded him $5750 for pain and suffering without providing reasons.

SUMMARY:

The appeal challenged the adequacy of the award and the Board's failure to provide reasons. The court agreed the award was unreasonably low given Mr. Thomas?s sustained injuries and the Board's failure to give reasons.

OUTCOMES:

$10000 for pain and suffering additional $1500 for legal costs total award of $11500

RULED IN FAVOUR OF:

Plaintiff/Claimant

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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LIONEL THOMAS v THE CRIMINAL INJURIES (COMPENSATION) BOARD

Mr. Thomas was shot near his house on 29 April 2014 resulting in wounds to his upper right thigh and left calf. He applied for compensation on 24 October 2014. The Board awarded him $5750 for pain and suffering without providing reasons.

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