CRM 3319 Lecture Notes - Lecture 16: Victim Surcharge, Summary Offence, Mandatory Sentencing

• School: University of Ottawa
• Department: Criminology
• Course: CRM 3319
• Professor: Howard Bebbington

Document Summary

Focus on provisions highlighted in class/on slides. This section authorizes the imposition of a victim surcharge, in addition to any other penalty. What"s missing: any involvement of the sentencing the judge, judge has no discretion, not even in exceptional cases. October 2013: significant amendments to the section came into force: surcharge is now mandatory, no exception, surcharge has been doubled in value. A sentencing provision or a tax: is more of a tax, judge in ottawa struck it down, is intravires in the federal government. The victim surcharge is now 30% of any imposed, or where no fine is imposed, (summary conviction) or for indictable on every single charge. If you"re charged then recharged because of breach and charged again, you have to pay a surcharge for each charge. The court has the discretion under subs 3 to order the offender to pay a victim surcharge for a greater amount, if the offender has the ability to pay.