Friday, March 22, 2013

Victim Surcharge

R. v. K.E., 2013 ONCA 175 is a useful source for the quantum of victim surcharge: [34] The obligation to impose a victim surcharge on a convicted offender, except where the offender establishes undue hardship to him or her or his or her dependants, is created by s. 737(1) of the Criminal Code. The general rule about quantum, in circumstances such as these, is that the amount of the victim surcharge is to be $100. This amount may be increased where an increase is appropriate in the circumstances and the offender is able to pay a higher amount. ... [36] On appeal, Crown counsel takes the position that a reduction in the amount of the victim surcharge would not be contrary to the interests of justice. We agree. The trial record reveals no basis upon which the trial judge could conclude that such a departure from the statutory minimum victim surcharge was appropriate in the circumstances of this case. Nor was any meaningful inquiry conducted about the ability of the appellant to pay the amount of victim surcharge that was imposed.

No comments: