In which criminal cases may the court order the defendant to pay the victim compensation, and on whose move does it do so?
General information · Not legal advice
Material to check
In a practice file we read the guilty judgment to see which offence was found proved, the charge papers for the same point, the application by the victim or heir together with proof of the heir's standing, and any settlement paper recording an agreed damages figure.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision closely: in criminal trial proceedings at first instance or on appeal, where the court renders a guilty judgment on one of the offences it lists — in the Criminal Code, the sexual crimes statute, and the child and youth sexual protection statute, together with aggravated and attempt offences corresponding to the first item — it may order payment, on its own motion or on the victim's or heir's application, for direct material damage, medical expenses and consolation money caused by the crime charged.
Another reading looks at the reach beyond that list: for any other offence in a defendant's case, the court may still order compensation, but only as to the damages amount agreed between defendant and victim, so an order outside the listed offences rests on the agreement rather than on the heads of loss the provision names.
Your judgment
If the offence is not one of the listed offences, what in the file could show the agreed damages amount and that the victim accepted it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the list of offences is amended, or if a court decision explains what counts as direct damage or when an agreed amount may be ordered.