volunatry compensation in criminal law

[stuckinlimbo]

Does anyone know about the effects of given someone voluntary compensation. I.e as a gesture of remourse or good will....Moreover, if youve assulated a guy in a fight and your going to court would it be helpful?? Also does anyone know of any cases or simular things people do... in that area? ie appoligie letters etc

[Stu Dent]

The court is in no way obliged to look kindly on you simply because you make a voluntary compensation to your (or your friends) victim - but it may help. I think much of it would depend upon how genuinely remorseful you really are, and if you can demonstrate this remorse - especially if it is a first offence.

Many years ago when I was just out of my teens, I was charged with vandalism after breaking into a car drunk as a skunk in order to get some kip - sounds like a crazy shaggy dog story, I know; but as Jim Davidson once joked, "having failed a breathaliser test, the policeman asked me why I decided to drink-drive. I said because I was drunk at the time"!!

I was arrested, got slapped around by the police officers, and kept overnight in the cells. I didn't complain. Instead I apologised to the police next morning (on my mum's orders who had to collect me) and asked what I should do now. They (police & mum) advised I should make ammends to the victim (lord knows how I got the contact details) by reimbursing the car owner for the cost of his taxi (his car had been parked in town after he went for a drink), and paying for the costs of the repairs. After a few hours sleep I withdrew money from the bank and did exactly as advised. I also bought the family a gift (think it was a nice plant) and an outfit for their baby daughter.

[Stu Dent]

Later, I pleaded guilty by letter and also explained some mitigating circumstances (which were true btw), and explained my positive plans for the future, and profusely apologised for what I had done.

Thing is, I was being completely honest with myself and everyone else. I was genuinely shocked and remorseful at how I had behaved (or misbehaved).

I was ordered to appear in Court and I explained again that I had compensated the victim (and family) the same day the crime had been committed, and again stated how sorry I was, and how I would never behave that way again. I was 'admonished'. An admonishment is a declaration of guilt (I'd pleaded guilty anyway), but no further punishment was handed down other than the 'admonishment'.

Moral of the story is (apart from not getting too drunk and get into trouble), is do your utmost to make ammends as soon as you possibly can - but it MUST be genuine and the Court MUST see that your remorse is genuine.

To this day I am still genuinely very sorry for doing what I did, but very grateful at taking the good advice I got, and even more so that I apologised as soon as I could, and that the extremely nice people affected by my act recognised my sincerity and accepted my apology, and the court giving me what was essentially a 'second chance'. I've never abused that second chance.

Make ammends. But do it because it is the right thing to do. Don't do it in the hope you'll get a lighter sentence.

[stuckinlimbo]

Hi Stu,

I can relate, sometimes you do something stupid and wish it never happened. The truth is, i am far from a confrotational person..In retrospect, i have done a lot of charity work and tried to suceed with uni etc..Problem was my girlfriend died and i had to look after my son whilst doing exams etc...Anyway, just when i was finally getting my life together, and i was about to start a nursing degree this march-this happened. I hope the court can see that i have suffered every day and just having a c.r means i wont be able to do my nursing degree etc..which in turn will effect all the jobs i can do. The worst thing of all is i like to read and learn things. albiet eccentrically...thats been my way of coping but if im going to prison i guess ill go crazy cus i love my freedom and education..