section 807

INTRODUCTION AND BRIEF DESCRIPTION

This section limits the amount that can be paid to a victim by multiple offenders to the value of the property or injury done, with any leftover being used as directed by law.

SECTION WORDING

807 Where several persons join in committing the same offence and on conviction each is adjudged to pay an amount to a person aggrieved, no more shall be paid to that person than an amount equal to the value of the property destroyed or injured or the amount of the injury done, together with costs, if any, and the residue of the amount adjudged to be paid shall be applied in the manner in which other penalties imposed by law are directed to be applied.

EXPLANATION

Section 807 of the Criminal Code of Canada deals with situations where multiple individuals come together to commit the same crime, and are convicted as a result. In such cases, the court may order each individual to pay an amount to the person who has suffered harm or loss as a result of the crime. This may be in the form of compensation for destroyed or damaged property, or for physical or emotional injury caused. However, this section imposes a limitation on the amount that can be awarded to the victim. The total amount cannot exceed the value of the property destroyed or injured, or the amount of the injury suffered, along with any associated costs. This prevents the victim from receiving an excessive amount of compensation that exceeds their actual losses. Furthermore, any excess amount collected will be treated as a penalty under Canadian law and will be dealt with accordingly. This is in keeping with the principles of justice and fairness, as it ensures that those who commit crimes are held accountable for their actions, but also ensures that victims are not unjustly enriched or compensated. Overall, section 807 of the Criminal Code of Canada provides important guidelines for determining the appropriate amount of compensation that should be awarded in cases where multiple individuals are involved in the same crime. It aims to strike a balance between the needs of the victim and the requirements of justice, while preventing any undue or excessive burden on the convicted individuals.

COMMENTARY

Section 807 of the Criminal Code of Canada deals with the principle of joint liability and the payment of restitution to the victim in the case of multiple offenders. The section establishes a limit on the amount that can be ordered to be paid to the victim by the court and directs the remainder of the amount to be applied in accordance with the other penalties imposed by law. The provision is intended to ensure that the victim is appropriately compensated for the harm caused by the criminal activity, while at the same time ensuring that the offenders are not unfairly burdened with excessive financial penalties. The section acknowledges the fact that in some cases, more than one person may be involved in the commission of a crime, and thus, they are all jointly liable for the damage caused to the victim. Under Section 807, if several individuals are convicted of committing the same offence and are ordered by the court to pay a certain sum of money to the victim, the total amount that can be awarded to the victim is limited to the value of the property destroyed or injured, or the amount of injury caused. This limit ensures that the victim is not overcompensated for the harm caused and that the offenders are not punished beyond the severity of their wrongdoing. Furthermore, the section directs that any amount that is not awarded to the victim should be applied in the same way as any other penalties imposed by law. This means that the court has discretion in the distribution of the money, which may include fines, jail time, or other penalties. The purpose of the provision is to strike a balance between the rights and interests of the victim and those of the offender. The victim deserves to be compensated for the harm caused by criminal activity, while the offender has the right to be fairly punished for their actions. The joint liability principle recognizes that all offenders are responsible for the harm caused and that they should be held accountable for their actions. However, the provision also highlights the difficulty in determining the appropriate amount of restitution to be paid to the victim. In cases where several offenders are involved, it can be challenging to determine the extent to which each person is responsible for the harm caused and how much each should pay in restitution. The court must ensure that the amount ordered to be paid by each offender is reasonable and fair. In conclusion, Section 807 of the Criminal Code of Canada is an important provision that deals with joint liability and the payment of restitution in cases of multiple offenders. The section ensures that the victim is appropriately compensated for the harm caused, while at the same time, ensuring that the offenders are not unfairly burdened with excessive financial penalties. The provision strikes a balance between the rights and interests of the victim and those of the offender and reinforces the principle of accountability for criminal behavior.

STRATEGY

Section 807 of the Criminal Code of Canada (CCC) deals with situations where multiple individuals commit the same offence and are collectively responsible for compensating the victim of the offence. When several individuals are convicted of the same offence, the court may order them to pay an amount to the person who was harmed or injured by their actions. There are several strategic considerations that must be taken into account when dealing with this section of the CCC, including the severity of the offence, the needs of the victim, and the financial situation of the offenders. One of the strategic considerations that must be taken into account is the severity of the offence. Section 807 of the CCC is most commonly applied in cases where property has been damaged or destroyed, but it can also be applied in cases where a person has been injured or killed. In cases where the offence is more severe, the amount of restitution ordered by the court may be greater, and the offenders may face additional penalties, such as imprisonment. Additionally, offences involving acts of violence or harm to victims may require additional resources for counselling and support services, which should be taken into account when determining the amount of restitution to be ordered. Another strategic consideration is the needs of the victim. In cases where property has been damaged or destroyed, the victim may need compensation to repair or replace the damaged property. In cases where a person has been injured or killed, the victim or their family may need financial support for medical expenses or funeral costs. The offender's financial situation should also be taken into account when determining the amount of restitution to be ordered. If the offender is unable to pay the full amount, the court may order a reduced amount or a payment plan. Strategies that could be employed in dealing with section 807 of the CCC include plea bargaining and the use of victim impact statements. Plea bargaining involves negotiating a plea agreement with the prosecutor, which may involve the offender pleading guilty to a lesser charge in exchange for a reduced sentence or a lower amount of restitution. Victim impact statements allow the victim or their family to provide written or oral testimony to the court about the physical, emotional, and financial impact of the offence. This information can be used to determine the appropriate amount of restitution to be ordered. In conclusion, section 807 of the Criminal Code of Canada is an important tool for compensating victims of criminal offences. When dealing with this section, it is important to consider the severity of the offence, the needs of the victim, and the financial situation of the offender. Strategies that could be employed include plea bargaining and the use of victim impact statements. By taking these factors into account, the court can ensure that justice is served and that victims are appropriately compensated for the harm that they have suffered.