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BonezX
Basement Dweller
Premium Member
join:2004-04-13
Canada

BonezX to peterboro

Premium Member

to peterboro

Re: Parental responsibility

said by peterboro:

said by BonezX:

...they can't come after you a second time through the civil system and have you pay them a second time, that would be an absolute abuse of the system.

Think of OJ. Also in the criminal system there are stand alone restitution orders that have the same legal effect as a judgement in a civil case and allow you the victim to initiate your own enforcement actions such as garnishment of wages.

yes, but if you already have a settlement through a criminal case, it doesn't make sense that you can approach the civil court for a second settlement for the same thing. it would completely defeat the purpose of the criminal procedure giving restitution or applying fines in the first place.

either way, this is entirely a lawyer trying to pad his wallet at the expense of the company he is on retainer for.

Gone
Premium Member
join:2011-01-24
Fort Erie, ON

Gone

Premium Member

said by BonezX:

yes, but if you already have a settlement through a criminal case, it doesn't make sense that you can approach the civil court for a second settlement for the same thing. it would completely defeat the purpose of the criminal procedure giving restitution or applying fines in the first place.

It may not make sense to you, but that's just the way things are. Criminal liability and civil liability are not mutually exclusive.
peterboro (banned)
Avatars are for posers
join:2006-11-03
Peterborough, ON

peterboro (banned) to BonezX

Member

to BonezX
said by BonezX:

yes, but if you already have a settlement through a criminal case, it doesn't make sense that you can approach the civil court for a second settlement for the same thing. it would completely defeat the purpose of the criminal procedure giving restitution or applying fines in the first place.

What you have in a criminal case, if there is no restitution order, is a dispute between society and the perp. The courts main consideration is the imposition of sentence under the criminal code and not making the victim whole financially. Lets say some dude walks up and says, "heh there's that BonerX dude that lives in mommies basement jerking off all day lets put the smack down on him". And they do and you miss a week of work and the judge locks them up for a month. Then you go, "that sucks dude, I'm out $400.00 for a weeks pay.

BonezX
Basement Dweller
Premium Member
join:2004-04-13
Canada

BonezX

Premium Member

said by peterboro:

said by BonezX:

yes, but if you already have a settlement through a criminal case, it doesn't make sense that you can approach the civil court for a second settlement for the same thing. it would completely defeat the purpose of the criminal procedure giving restitution or applying fines in the first place.

What you have in a criminal case, if there is no restitution order, is a dispute between society and the perp. The courts main consideration is the imposition of sentence under the criminal code and not making the victim whole financially. Lets say some dude walks up and says, "heh there's that BonerX dude that lives in mommies basement jerking off all day lets put the smack down on him". And they do and you miss a week of work and the judge locks them up for a month. Then you go, "that sucks dude, I'm out $400.00 for a weeks pay.

that's the thing though, if restitution is already handled by the criminal case(which we don't know if it is or not in this case) why should the party be able to get a second restitution is what my issue is.

if the kid has been charged for shoplifting (which means they were caught and the product returned to the store) fines have been levied and restitution has been set by the court (if they were caught and the goods returned it would make sense for it to be zero being there was no actual loss) what right does a party that already has restitution assigned by the court or the court has found no loss on their part as the victim (being stolen goods recovered in condition that allows for sale) have that allows them to literally circumvent the system and basically "double dip" any restitution payments that the criminal court has given, or get restitution where the criminal courts have proven that there is no loss.

in the case of assault, you are given restitution as part of the original case, if the court does not give you restitution where there has been loss, then there was a gross miscarriage of justice on the courts part.

get what I'm saying ?
peterboro (banned)
Avatars are for posers
join:2006-11-03
Peterborough, ON

peterboro (banned)

Member

Restitution, and stand alone restitution orders are not that common and the victim has to press the Crown to argue for them. Often even with a restitution order the perps don't pay and you have to go to civil court.

But if there is a restitution order you won't prevail in civil court until the probation period is extinguished.